Mr Craig Baillie v Mark Ward - Power Cellular — 2018

The claimant, Mr Craig Baillie, brought a complaint of unlawful deduction from wages. The tribunal recorded that the respondent initially suggested the claimant had received ex gratia payments in December 2017, but accepted at the hearing on 20 June 2018 that those payments were not made in satisfaction of the sums claimed. The respondent did not attend the continued hearing on 4 September 2018, and the tribunal proceeded on the claimant's evidence and documents.

The tribunal found that the claimant's employment ran from 16 October 2017 to 23 January 2018, and that he was contracted to a 42.5 hour core week paid at the basic hourly rate, with travel time and food allowance also payable under the arrangements described in the judgment. On 31 January 2018, the claimant was due £802.39 for travel time but was paid £429.39, and was due £60 for food allowance but was paid £45. The tribunal also found that £825 was deducted from his wages for 'Rework Cost ESN0112' relating to alleged failures on 15 and 16 January 2018.

Applying section 13 of the Employment Rights Act 1996, the tribunal held that the claimant had suffered deductions from wages of £15, £373 and £825, and that there was no evidence of any statutory authorisation, contractual authorisation, or prior written consent for the deduction of £825. It therefore found the complaint well founded and ordered the respondent to pay £1,213 gross, from which tax and national insurance were to be deducted and remitted to HMRC. The tribunal also noted the three-month time limit in section 23 and the definition of wages in section 27(1) of the ERA 1996.