Claimant v Motorstart Ltd

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 1 February 2024 to 20 February 2024. The claimant was entitled to the full gross sum of £1,469.28 which had been deducted without lawful authority.

The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period June 2021 to February 2024. However, no award was made because the claimant received a P60 prior to the commencement of proceedings, which satisfied the statutory requirement retrospectively.

When proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. The tribunal found no exceptional circumstances that would make an award unjust or inequitable, so awarded two weeks' gross pay under section 38 Employment Act 2002.