Mr John Duckworth v Shield Labour Solutions Limited — 2021

Mr John Duckworth brought a claim for unlawful deductions from wages against Shield Labour Solutions Limited. The tribunal found that the respondent had made deductions under the headings 'HMRC Payment', 'Pension', and 'Company Margin' without contractual or statutory authority, and that the claimant had not agreed to them in writing. It also found that the unexplained £212.00 'B/Fwd' deduction shown on the second pay slip for week ending 4 August 2019 was not explained and was not authorised.

The tribunal relied on section 13 of the Employment Rights Act 1996. It accepted the claimant's evidence that he did not understand the deductions and found no clause in the contract permitting the deductions. The respondent did not attend the hearing, and the only explanation provided in advance was a general assertion that all deductions were lawful and contractual. The tribunal rejected that explanation on the face of the pay slips and contract documents.

The unlawful deductions identified on the pay slips totalled £938.68, and the additional £212.00 'B/Fwd' deduction brought the total unlawful deductions to £1,150.68. Judgment was therefore entered for the claimant in that sum.