Cases2309193/2024

Claimant v Raigins Group Ltd

14 April 2025Before Employment Judge Da CostaLondon South (East Croydon)in person

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesfailed

The tribunal found as a matter of fact that the wages for the period 25 June 2024 to 5 July 2024 were paid by the respondent to all three claimants. As the wages were actually paid, there was no unauthorised deduction from wages contrary to section 13(1) of the Employment Rights Act 1996.

Facts

Three claimants brought joined claims against their employer alleging unauthorised deductions from wages for the period 25 June 2024 to 5 July 2024. All three claimants were unrepresented and appeared in person. The respondent company was represented by its director Mr Craig Kinslow and head of HR Ms Holly Dodd, both unrepresented by external legal advisors.

Decision

The tribunal dismissed all three claims, finding as a matter of fact that the wages for the disputed period were actually paid by the respondent to all three claimants. Since the wages were paid, there was no unauthorised deduction from wages contrary to section 13(1) of the Employment Rights Act 1996.

Practical note

A claim for unauthorised deduction of wages under ERA 1996 s.13(1) will fail where the tribunal finds on the evidence that the wages were in fact paid to the employee.

Legal authorities cited

Statutes

ERA 1996 s.13(1)

Case details

Case number
2309193/2024
Decision date
14 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No
Rep type
in house

Claimant representation

Represented
No