Miss H Naluyima v Inclusive Care Support Ltd — 2020

Miss H Naluyima brought a complaint of unlawful deduction from wages under section 13 Employment Rights Act 1996 against Inclusive Care Support Limited. Employment Judge Ross heard oral evidence from the claimant and considered the payroll bundle, including payslips at pages 54 to 57.

The claimant accepted in evidence that she had been paid all the sums shown on the payslips and that she had been paid all that she had been entitled to be paid for work for the respondent. She said she had checked the payslip amounts against bank statements during the hearing. The tribunal recorded that the claimant’s concern was that the respondent had reported her to HMRC on the basis that she was still earning money on 30 May 2019, but it was common ground that she had ceased work for the respondent on or about 15 March 2019.

The tribunal found that HMRC appears to have misunderstood the position because the final payslip was dated 31 May 2019, but the work recorded on that payslip related to work done earlier, including in January and February 2019. For those reasons, the tribunal held that the complaint of unlawful deduction from wages was not upheld and dismissed the claim.