Case 2201537/2021 · Employment Tribunal
Mr M Rashid v Superdrug Stores plc, trading as Savers — 2021
- Case reference
- 2201537/2021
- Decision date
- 29 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Palca
- Venue
- London Central
Parties
2 namedClaimant
Mr M Rashid
Respondent
Key findings
Tribunal's reasoningMr Rashid worked for Superdrug Stores plc, trading as Savers, from 24 September 2020 to 18 January 2021. He was never given a contract or written statement of particulars. The tribunal accepted his evidence about the hours worked and rates of pay, found that he should have been paid £3,636.80, and found that he was actually paid £2,397.37. It rejected the suggestion that £600 had been paid to HMRC as tax because HMRC had no record of such a payment. The unlawful deductions claim was in time and succeeded in the sum of £1,239.43.
On the section 8 and section 11 pay-statement issue, the tribunal found that the claim was in time. It held that the claimant received no payslips for September, October or November 2020, and that the December 2020 and January 2021 payslips were inaccurate. The tribunal specified what each payslip should have recorded, including the hours and gross pay for September (£274.51), October (£933.40), November (£877.14 plus £212.64 night-shift pay), December (£797.40 plus £79.74 night-shift pay), and January (£120.64 plus £341.33 night-shift pay). No separate money award was attached to that point.
The tribunal also found that the respondent had failed to give written particulars of employment. Using 23 basic hours per week at £8.86, it assessed a week’s pay at £203.78 and awarded four weeks’ pay under section 38 of the Employment Act 2002, producing £815.12. The total sum ordered was £2,054.55.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found a series of unlawful deductions from wages, concluding that the alleged £600 tax deduction was never paid to HMRC and that the total underpayment was £1,239.43. It held the claim was in time because the deductions formed a series culminating on 31 December 2020. | Upheld | — | £1,239 |
| Other | Section 8/11 ERA itemised pay statement claim. The tribunal found the claim was in time, held that no payslips were given for September, October or November 2020, and that the December 2020 and January 2021 payslips were inaccurate. It set out the particulars that should have appeared on each payslip, but did not attach a separate monetary award to this point. | Upheld | — | — |
| Other | Award under section 38 Employment Act 2002 for failure to provide written particulars of employment. The tribunal used a weekly pay figure of £203.78 based on 23 basic hours at £8.86 per hour and awarded four weeks' pay. | Upheld | — | £815 |
Remedy
Monetary award- Total award
- £2,055
- across all upheld claims
Legal tests applied
5 references- s.23 ERA 1996 series of deductions time limit
- s.8 ERA 1996 itemised pay statement
- s.11 ERA 1996 pay-statement particulars
- s.38 Employment Act 2002
- s.222 ERA 1996 week's pay
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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