Claimant v Kam Design (Contract) Limited
Outcome
Individual claims
The tribunal found that the respondent made a lawful deduction from the claimant's final pay in January 2024, but failed to notify the claimant of this deduction in advance as required by law. This constituted an unlawful deduction from wages due to the lack of proper notification.
Facts
Mr Cole was employed by Kam Design (Contract) Limited. His employment ended in January 2024. The respondent made a deduction from his final pay in January 2024. While the deduction itself was lawful, the respondent failed to notify the claimant in advance of making this deduction.
Decision
Employment Judge Buzzard found that the respondent's failure to notify the claimant of the deduction from his final pay, despite the deduction being lawful, constituted an unlawful deduction from wages. The tribunal ordered the respondent to pay compensation of £15 to the claimant.
Practical note
Employers must provide proper advance notification of any deductions from wages, even if the deduction itself is otherwise lawful, or risk liability for unlawful deduction claims.
Award breakdown
Case details
- Case number
- 2401500/2024
- Decision date
- 7 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No