Ms S Augustine v Barts Health NHS Trust — 2024

The Claimant, a long-serving Medical Secretary employed by Barts Health NHS Trust, complained that the Respondent had unlawfully deducted sums from her wages pursuant to a Council Tax Attachment of Earnings Order issued by the London Borough of Waltham Forest under Regulation 37 of the Council Tax (Administration and Enforcement) Regulations 1992. The Claimant did not dispute the amount deducted but contested the validity of the underlying liability order and the Attachment of Earnings Order, arguing among other things that the Respondent should have sighted the liability order and that a form N337 should have been used.

The Tribunal found that Waltham Forest had followed the statutory process: a summons was issued, the Claimant was notified of the magistrates' court hearing on 22 November 2022, a liability order was made on that date, and an Attachment of Earnings Order was subsequently served on the Respondent on 21 July 2023 in the sum of £1,520.85. The Tribunal held that under Regulation 37(3) the Respondent, as employer, was bound to comply with the order and had no discretion or duty to investigate or validate the process; failure to comply would itself be a criminal offence under Regulation 56(2).

Applying section 13 of the Employment Rights Act 1996, the Tribunal concluded that the deductions were authorised by a statutory provision and therefore fell within the permitted exceptions to the right not to suffer unauthorised deductions. The Respondent had properly complied with the order, including its entitlement to a £1 administrative fee. The complaint of unauthorised deductions from wages was not well-founded and the claim was dismissed.