Mr M Warrilow v Paignton Limited — 2020

The claimant, Mr M Warrilow, brought a claim of unlawful deduction from wages after his employment with Paignton Limited ended on 9 September 2019. He said he was told he would be paid at the end of the month as usual, but no payment was received even though he did receive the relevant wage slip. The hearing took place on 13 March 2020 before Employment Judge Johnson sitting alone, with the claimant appearing in person and no attendance or appearance for the respondent.

The respondent’s ET3 said it had retained the claimant’s final salary in part payment for stock losses for which it held him responsible. The tribunal referred to section 13 of the Employment Rights Act 1996 and found there was no evidence of a written contract term authorising the deduction and no evidence that the claimant had signed anything agreeing to it. The claimant gave evidence on oath that he had never received a written contract and had never signed any agreement to deductions.

On that basis, the tribunal was satisfied that there had been an unauthorised deduction from wages and upheld the claim. It ordered Paignton Limited to repay £826.64 to the claimant as wages unlawfully deducted. The tribunal also amended the respondent’s name to Paignton Limited, based on a Companies House search, without the need for reservice.