Claimant v Garnett v Smilesite Ltd — 2023

Ms V Garnett brought an unlawful deduction from wages claim against Smilesite Limited. The case was heard by video at Manchester on 5 October 2023 before Employment Judge Mark Butler. The claimant was self-represented and the respondent did not attend. The tribunal made a finding that the respondent had made an unlawful deduction from the claimant’s wages.

The tribunal recorded that the claimant was entitled to receive £2,071.86, calculated as £12.75 per hour for 32.5 hours over 5 weeks, but that £308.20 had to be deducted as the cost to replace damaged equipment. That produced a gross sum of £1,763.68. The tribunal found that the claimant received £0 for the period in question.

The respondent was ordered to pay the gross sum of £1,763.68. The judgment noted that, because the figure is gross, the claimant may receive a lesser amount if the respondent satisfies any statutory deductions before payment, and that tax and national insurance liability would then rest with the claimant if not accounted for by the respondent. The judgment also records that duplicate claims under case numbers 2408849/2023 and 2408860/2023 were dismissed on withdrawal in separate judgments and did not affect this decision.