Automated Summary
Key Facts
The respondent, Quartz Trading Limited, made an unlawful deduction of £2,984.00 from the claimant's wages (Mrs. R Morris). The tribunal ordered the respondent to pay the gross sum to the claimant. The claimant must account for any tax and National Insurance Contributions (NIC) if the amount is paid to her as a gross figure. The case was heard on 17th January 2023 by Employment Judge DS McLeese.
Issues
The tribunal determined that Quartz Trading Limited made an unlawful deduction from Mrs R Morris's wages, ruling in favor of the claimant and ordering the respondent to pay the gross sum of £2,984.00. The claimant is responsible for any tax and NIC due if the payment is received as a gross amount.
Holdings
The respondent made an unlawful deduction from the claimant's wages and is ordered to pay the gross sum of £2,984.00 for the amount unlawfully deducted.
Remedies
The respondent has made an unlawful deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £2,984.00 in respect of the amount unlawfully deducted.
Monetary Damages
2984.00
Legal Principles
The tribunal applied the principle that an employer cannot make an unlawful deduction from an employee's wages. The respondent was ordered to pay £2,984.00 to the claimant for the unlawfully deducted amount, with the claimant responsible for tax and NIC obligations if the payment is made as a gross sum.
Cited Statute
Employment Rights Act 1996
Judge Name
DS McLeese
Passage Text
- 2. The Claimant will have to make the necessary arrangements to account for any tax and NIC due if the amount is paid to her as the gross figure.
- 1. The respondent has made an unlawful deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £2,984.00 in respect of the amount unlawfully deducted.