No appearance For the v Orange Genie Cover Ltd — 2022

Mrs K White brought a claim of unlawful deduction from wages against Orange Genie Cover Limited. Her complaint was that she did not understand how her pay was calculated and that the Respondent made deductions including its margin, employment costs, holiday pay and the apprenticeship levy before arriving at her net pay. She compared the Respondent's payslips with those from another agency which she found easier to follow.

Neither party attended the hearing, and the Employment Judge dealt with the claim on the papers after considering the Claimant's contract, wage slips and the Respondent's written explanation of the pay calculation. The Judge concluded that the issue could be determined justly without oral evidence.

The tribunal found that the deductions complained of were not deductions from the Claimant's wages or salary. They were deductions from the sum charged to the end user of her services, and the Claimant's wages were the amount left after those deductions had been made. The only deduction shown on the Claimant's payslip and made from her pay was income tax, which the tribunal said was a lawful and necessary deduction for the employer to make.

On that basis, the tribunal found that the Claimant had not been subjected to any unlawful deductions from her pay and dismissed the claim.