Miss S Smith v B & R Care Limited — 2020

Miss S Smith brought a complaint of unauthorised deductions from pay against B&R Care Limited. By consent, the respondent title was amended to reflect its proper corporate title. Employment Judge Franey sat alone and found that it was not reasonably practicable for the claim to have been presented within three months of the deduction, and that it was presented within a further period that was reasonable, so the Tribunal had jurisdiction to deal with it.

The Tribunal upheld the unauthorised deductions from pay complaint and found it was well founded. However, it made no order requiring the respondent to make any payment to the claimant. The reasons given were that the respondent had already paid the claimant the amount deducted from her pay on 1 September 2019, and that on the evidence heard the Tribunal did not consider it appropriate to order any further payment to compensate for financial loss attributable to the deduction.