Miss Isabelle Robinson v BKC Read Limited HELD AT: Manchester by CVP — 2024

The Claimant, a litigant in person, brought claims for unauthorised deductions from wages and unpaid holiday pay against BKC Read Limited. The Respondent applied to strike out the claim because the early conciliation certificate named "BKE Read Limited" rather than "BKC Read Limited", and the claim form originally named two individual shareholders. Employment Judge Fairhurst refused the strike-out application, finding that none of the limbs of regulation 37 were met, that the errors were understandable given the Claimant had not been provided with a written contract identifying her employer, and that the correct respondent had engaged with the proceedings and would not be disadvantaged. The Respondent was substituted as BKC Read Limited.

On the substantive claims, the Respondent argued that wages had been lawfully withheld for gross misconduct under a contractual deduction clause. The Respondent's witness did not attend to give oral evidence. The Judge found that no written contract or written particulars had been provided, so no relevant contractual provision authorised deductions under s.13(1)(a) ERA 1996, and that no acts of gross misconduct had occurred. The unauthorised deduction of £1,271.25 was therefore ordered to be paid. The parties agreed that, if holiday pay was due, the figure was £182.30, and the Judge found leave was untaken at the end of employment.

The Judge further found that the Respondent had failed in its duty to provide a written statement of the main terms of employment under s.1/s.4 ERA 1996, and applied the uplift in s.38 Employment Act 2002 to increase the award by £900 (two weeks' gross pay).