Cases2303246/2024

Claimant v Anytime Repairs Limited

4 November 2024Before Employment Judge E FowellCroydonremote video

Outcome

Claimant succeeds£513

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal assessed damages at a hearing after the respondent's response was rejected on 25 June 2024. The claimant accepted that the main claim of £1152 had been paid, but £513 of overtime remained outstanding. The tribunal found this to be an unlawful deduction from wages.

Facts

The claimant brought a claim for unlawful deduction from wages against his employer. The respondent's response was rejected on 25 June 2024. At the remedy hearing on 4 November 2024, the respondent applied for reconsideration but was refused. The claimant accepted that the main claim of £1152 had been paid but £513 in overtime remained outstanding.

Decision

The tribunal assessed damages following rejection of the respondent's response. The tribunal found that the claimant suffered an unlawful deduction from wages of £513 for unpaid overtime. The award was subject to tax and national insurance deductions to be accounted for to HMRC.

Practical note

Where a response is properly rejected under tribunal rules, a respondent's application for reconsideration at a remedy hearing may be refused, and the tribunal will proceed to assess damages based on the claimant's evidence.

Award breakdown

Unpaid wages£513

Legal authorities cited

Statutes

Income Tax (Earnings and Pensions) Act 2003 s.62

Case details

Case number
2303246/2024
Decision date
4 November 2024
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No