Mrs Sonia Di Girolamo v The LK Partnership LLP Heard: via CVP — 2021

Mrs Sonia Di Girolamo was employed by The LK Partnership LLP as an accounts assistant from 6 August 2019 until she resigned with effect from 11 December 2020. She was paid monthly in arrears, with a contractual annual salary of £18,100 and a net monthly pay of around £1,320. The ET1 presented on 20 August 2020 originally complained about missing payslips for October 2019 to March 2020. At the hearing on 15 February 2021, the respondent did not appear. The tribunal allowed the claimant to amend the claim to include the later period and an unlawful deduction from wages complaint, finding the amendment closely connected to the pleaded issues and in the interests of justice.

The tribunal found that the respondent failed to provide pay statements as required by section 8 of the Employment Rights Act 1996 for the period October 2019 until 11 December 2020, except for payslips issued in April, May, June and July 2020. It accepted the claimant's evidence that she had the payslips she did receive and bank statements showing the later payments.

On the deduction claim, the tribunal found that from August 2020 to November 2020 the claimant received net payments of £1,280 rather than the expected net sum of about £1,320, and that she had not consented in writing to any deduction. She was told the difference related in some way to her pension, but she did not know the basis or amount of the payments. For December 2020, the tribunal noted that no payslip had been received and that a payment of £1,094.01 was made in late January 2021; on a broad-brush approach it assumed a further £20 deduction for that month. It therefore found unlawful deductions of £40 per month for four months plus £20 for December, and ordered the respondent to pay £180 net to the claimant.