Claimant v London Borough of Southwark
Outcome
Individual claims
The tribunal found that the Respondent made an unlawful deduction from the Claimant's wages contrary to section 13 Employment Rights Act 1996. The deduction comprised wages, holiday pay, car allowance and authorised expenses totalling £1,120.31 gross. The Respondent subsequently paid the net amount before judgment was issued.
Facts
The Claimant brought a claim for unlawful deduction of wages against London Borough of Southwark. The deduction totalled £1,120.31 gross and comprised wages, holiday pay, car allowance and authorised expenses. Prior to the hearing on 15 September 2025, the Respondent paid the net sum of £867.81 by BACS on 12 September 2025, which the Claimant confirmed she had received.
Decision
The tribunal declared that the Respondent made an unlawful deduction from the Claimant's wages contrary to section 13 Employment Rights Act 1996 in the amount of £1,120.31 gross. The tribunal recorded that the Respondent had already paid the net sum and the Claimant confirmed no further amount was outstanding.
Practical note
This case demonstrates that a tribunal will still make a declaration of unlawful deduction even where the employer has paid the outstanding amount before or during the hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6016696/2025
- Decision date
- 15 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- London Borough of Southwark
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No