Mr M A Cordero Cardenas v ISS Facility Services Limited — 2019

The claimant brought a complaint for unauthorised deductions from wages. The Tribunal considered the written representations and payroll documents, finding that the claimant worked five seven-hour shifts per week at £8.50 per hour, giving a daily rate of £59.50 and a weekly rate of £297.50. The claimant had been unfit for work from 24 December 2018 to 23 April 2019, was certified fit for light duties from 24 April 2019, and the respondent did not provide work until 31 May 2019 after misunderstanding the GP advice.

The Tribunal accepted that statutory sick pay arrears had been paid and that, after earlier payments, 16 days' outstanding pay remained due, amounting to £952 gross. It also found that holiday pay totalling £595 had already been paid for holiday the claimant had been unable to take while ill, and that the claimant remained entitled to take that holiday later. On the Tribunal's calculation, £952 less £595 left £357 gross due, but the respondent had paid £417 on 4 December 2019 and had separately identified a £59.50 underpayment, producing a net overpayment of 50p.

The claim therefore succeeded to the extent of a declaration that the unauthorised deduction complaint was well-founded, but no money was awarded. The Tribunal refused interest because there was an overpayment, and refused a 25% Acas Code uplift because there was no evidence of a grievance or failure to follow the Code.