Claimant v NHS South West London ICB
Outcome
Individual claims
The tribunal found that the sums claimed by the claimant as unauthorised deductions from wages contrary to s.13 Employment Rights Act 1996 do not fall within the definition of 'Wages' pursuant to s.27 of the Act. The claim failed on a definitional basis.
Facts
Dr Worthington brought a claim for unlawful deduction from wages against NHS South West London ICB under s.13 Employment Rights Act 1996. The case proceeded to a two-day remote hearing with the claimant appearing in person and the respondent represented by counsel. The tribunal heard evidence and submissions on whether the sums claimed fell within the statutory definition of wages.
Decision
The tribunal dismissed the claim in its entirety, finding that the sums claimed by Dr Worthington did not fall within the definition of 'Wages' under s.27 Employment Rights Act 1996. By consent, the claimant agreed to pay costs of £2,150 to the respondent within 21 days.
Practical note
Not all sums claimed as deductions qualify as 'wages' under the Employment Rights Act - claimants must establish that payments fall within the s.27 statutory definition before a s.13 unlawful deduction claim can succeed.
Legal authorities cited
Statutes
Case details
- Case number
- 6004591/2024
- Decision date
- 6 June 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No