Case 3201908/2021 · Employment Tribunal
Ms W Dunmore v Mid and South Essex NHS Foundation Trust — 2021
- Case reference
- 3201908/2021
- Decision date
- 24 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Representation
Parties
2 namedClaimant
Ms W Dunmore
Respondent
Key findings
Tribunal's reasoningMs W Dunmore brought a claim for unauthorised deductions from wages against Mid and South Essex NHS Foundation Trust. The tribunal recorded that her case was, in substance, that she had been overpaid wages by just over £18,000 on 26 November 2020 and that, as a result, she did not receive Universal Credit.
Applying Rule 37 of the Employment Tribunals Rules of Procedure 2013 and the authorities cited on strike-out, the tribunal took the claim at its highest and considered whether it had any reasonable prospect of success. It held that there had been no payment of wages to the claimant that was less than the amount properly payable to her; rather, there had been a significant overpayment.
The tribunal accepted the respondent's submission that the resulting loss of Universal Credit was not a deduction made by the respondent and was not reduced wages within section 13 of the Employment Rights Act 1996. On that basis, even on the claimant's own case, the claim could not succeed as a matter of law.
The claim was therefore struck out. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The respondent's strike-out application succeeded. The tribunal held the claimant's case for unauthorized deductions from wages had no reasonable prospect of success because the facts pleaded showed an overpayment of just over £18,000, not a deduction from wages. | Struck out | — | — |
Legal tests applied
6 references- Rule 37(1)(a) Employment Tribunals Rules of Procedure 2013
- Mbuisa v Cygnet Healthcare Ltd
- Cox v Adecco and Ors
- Ahir v British Airways plc
- Kaur v Leeds Teaching Hospitals NHS Trust
- section 13 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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