Miss S Milligan v Brite Technical Services Ltd (Scotland : Unlawful Deduction from Wages) -[2022] UKET 4105553/2022- (21 November 2022)

BAILII

Automated Summary

Key Facts

The respondent, Brite Technical Services Limited, was ordered to pay Miss S Milligan £1,280.40 for an unauthorized wage deduction and £807.69 for unpaid holiday entitlement. The claim regarding failure to enroll in a pension scheme was dismissed as it fell outside the Tribunal's jurisdiction. The scheduled hearing on 10 January 2023 was cancelled.

Issues

  • The claimant raised a claim regarding an alleged failure by the respondent to enroll her in a pension scheme. This claim was dismissed as it is not a matter within the Tribunal's jurisdiction.
  • The respondent made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,280.40 (gross).
  • The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £807.69 (gross).

Holdings

  • 2. The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £807.69 (gross).
  • 1. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,280.40 (gross).
  • 3. The claimant has raised a claim regarding an alleged failure by the respondent to enroll her in a pension scheme. This is not a matter which is within the Tribunal's jurisdiction and this claim is dismissed as a result.

Remedies

  • The respondent is ordered to pay the claimant £807.69 (gross) for failure to pay holiday entitlement.
  • The respondent is ordered to pay the claimant £1,280.40 (gross) for an unauthorized deduction from her wages.

Monetary Damages

2088.09

Legal Principles

  • The respondent failed to pay the claimant's statutory holiday entitlement, resulting in an order to pay £807.69 (gross) as compensation for unpaid leave.
  • The claim regarding pension scheme enrollment was dismissed as it falls outside the Employment Tribunal's jurisdiction, highlighting procedural limitations on the Tribunal's authority.
  • The respondent made an unauthorised deduction from the claimant's wages, which is a breach of statutory obligations under employment law. The Tribunal ordered repayment of £1,280.40 (gross).

Cited Statute

Employment Tribunal Rules of Procedure 2013

Judge Name

P O'Donnell

Passage Text

  • The claimant has raised a claim regarding an alleged failure by the respondent to enroll her in a pension scheme. This is not a matter which is within the Tribunal's jurisdiction and this claim is dismissed as a result.
  • The respondent has failed to pay the claimant's holiday entitlement and is ordered to pay the claimant the sum of £807.69 (gross).
  • The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,280.40 (gross).