E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case no 4107180/2019 Held at Inverness on October 2019 Employment Judge: W A Meiklejohn Mr Sergio Sabato v Highland Health Board — 2019

The claimant worked for the respondent from around 24 November 2003 and occupied accommodation at Raigmore Hospital from around 1 June 2004. The parties agreed that deductions from his salary for accommodation during the relevant two-year period up to 4 June 2019 totalled £7,465.78. The respondent said that £4,186.10 of that sum was authorised by an accommodation mandate signed by the claimant, leaving £2,046.95 as the amount in dispute after credit for a National Minimum Wage underpayment payment of £1,232.73 referable to the relevant period.

The tribunal found that the claimant had signed the accommodation mandate dated 1 June 2004 and rejected the suggestion that it had been falsified. It accepted that the mandate authorised deductions for accommodation charges and, read in context, was intended to cover ongoing rent for more than one month rather than a single payment of £174.90.

Applying section 13 ERA 1996, the tribunal held that the mandate could not authorise deductions beyond the amount stated in it, but that it did authorise weekly deductions up to a monthly total of £174.90. It considered that the fact the respondent deducted weekly amounts rather than a single monthly sum did not prevent the mandate from operating as authorisation in the circumstances of weekly-paid employment and rented accommodation.

The tribunal therefore concluded that the respondent had authority to deduct £4,186.10 during the relevant period. Taking into account the agreed NMW refund of £1,232.73 attributable to that period, only £2,046.95 of the total deductions was unauthorised. Judgment was entered for that sum.