Mr A Kemp-Hall v Berisford Bex Limited — 2020

The claimant, Mr A Kemp-Hall, brought claims for unauthorised deduction from wages and failure to pay accrued holiday pay. The original claim form also mentioned failure to provide a written statement of terms and conditions and failure to provide itemised pay statements, but those allegations were withdrawn. The parties agreed the remaining claims could be determined on the papers, and Employment Judge Johnson decided the case without a hearing.

On the wages claim, the claimant said he worked 42 hours at £8.21 per hour but was paid only for 31.98 hours, leaving a shortfall of £82.26. He also identified deductions of £3.82 said to relate to a till shortfall and £8.06 for which the respondent gave no meaningful explanation. The respondent argued that it was entitled to withhold wages and holiday pay because the claimant had left without notice and because of contract or implied contractual terms.

The tribunal rejected that defence. It accepted the respondent's own response that it had dismissed the claimant, found that the claimant had not given written consent to deductions, and was not satisfied that the respondent had established any quantifiable monetary loss arising from the end of the employment. The tribunal also noted that the claimant was not making a notice pay claim, so the respondent could not advance a counterclaim for breach of contract in these proceedings. Applying section 13 of the Employment Rights Act 1996, it held that the deductions from wages were unauthorised and ordered payment of £94.14 net.

For holiday pay, the tribunal accepted the claimant's calculation of entitlement and ordered payment of £117.40. The total sums ordered were therefore £211.54.