Mr J Mace v EHL UK Building Maintenance & Facility Services Limited — 2019

Mr J Mace was employed by EHL UK Building Maintenance & Facility Services Limited from 16 July 2018 until 24 September 2018. The tribunal, sitting alone before Employment Judge Morris on 8 May 2019, dealt with complaints about deductions from wages and pay documentation.

The respondent conceded that it had deducted £1,069.97 from the claimant's wages paid at the end of September 2018. The tribunal found that deduction was not required or authorised by a relevant contractual provision and therefore was an unlawful deduction from wages under section 13 of the Employment Rights Act 1996. It ordered the respondent to pay £1,069.97 under section 24(1)(a).

The tribunal also found that the claimant had not been paid in full for overtime worked at the respondent's request. It held that the shortfall of £799.68 was an unauthorised deduction and ordered payment of that sum under section 24(1)(a). The judgment records that both amounts were calculated by reference to gross pay, with any income tax or employee national insurance liability to be borne by the claimant.

In addition, the tribunal found that the respondent had failed to give the claimant a number of written itemised pay statements contrary to section 8 of the 1996 Act. However, the claimant accepted that any unnotified deductions were not made during the 13 weeks immediately before the application, so the tribunal did not order payment in respect of unnotified deductions.