Mr J Goodhead v Laird Assessors Limited — 2023

Mr J Goodhead brought claims against Laird Assessors Limited for unlawful deduction from wages arising out of his 10 December 2021 pay. Employment Judge Anderson, sitting alone, found that clause 5.2 of the contract meant monthly salary was paid on or around the 10th of each month for the previous 10th-to-9th period, and clause 5.3 provided a one-day rate of 1/260th of annual salary. Looking at the claimant's start date in January 2010 and his first higher February 2010 payment, the tribunal rejected the claimant's understanding that the pay date covered the previous calendar month and accepted the respondent's explanation of the payroll cycle.

On the final-pay issue, the tribunal found that the claimant's last day of employment was 7 December 2021 and that the sum omitted from one payslip related to 8 and 9 December, when he was no longer employed. Although one payslip showed a £248.36 deduction for 'leave' and a lower net pay of £2,128.67, the claimant actually received £2,168.43 and a later payslip showed that figure without the deduction. The tribunal held that the first payslip was an error, that no deduction was made within the meaning of section 13 of the Employment Rights Act 1996, and that both claims were not well founded and were dismissed.