Mr James Foster v NWE Logistics Limited (in Voluntary Liquidation) — 2020

At the hearing on 6 December 2019, before Employment Judge Hoey and in the respondent's absence, the tribunal held that Mr James Foster's claim for unlawful deduction of wages was well founded. The judgment stated that, in breach of section 13 of the Employment Rights Act 1996, the respondent had unlawfully deducted £1,050 for wages due for work done, calculated as 105 hours at £10 per hour, £120 for overnight allowance payments, and £480 deducted from wages for pension purposes but not paid into the relevant pension.

The tribunal ordered the respondent to pay Mr Foster £1,050 gross in respect of wages due, together with £120 and £480, described in the judgment as totalling £600 and payable without tax. The written notice also records the usual statutory interest information, including that interest would run if sums were unpaid within 14 days after the relevant decision day, but the judgment did not quantify any interest award.

The tribunal also found that, on cessation of employment on 21 November 2019, Mr Foster was due 17 days' accrued holiday pay, payable at £100 per day. It ordered payment of £1,700 gross in respect of that holiday entitlement. No other remedies were recorded in the judgment.