Claimant v All Security Limited
Outcome
Individual claims
The tribunal found that the respondent made an unlawful deduction from the claimant's wages in August 2024. The respondent subsequently paid the sum deducted to the claimant in December 2024, resulting in the claim succeeding but with no monetary remedy required beyond a declaration.
Facts
The claimant brought a claim for unlawful deduction from wages against All Security Limited relating to a deduction made in August 2024. The claimant did not attend the hearing on 4 March 2025, which was conducted remotely via CVP. The respondent was represented by its director, Mr E Subair. Prior to the hearing, in December 2024, the respondent had paid the sum that had been deducted.
Decision
The tribunal found that the respondent had made an unlawful deduction from the claimant's wages in August 2024. However, because the respondent had already paid the deducted sum to the claimant in December 2024, no monetary remedy was required and the tribunal made only a declaration to that effect.
Practical note
An employer who repays unlawfully deducted wages before the hearing may still face a formal declaration of unlawfulness but will avoid a financial award.
Legal authorities cited
Statutes
Case details
- Case number
- 6017762/2024
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No