The Appellant is a mosque and a Registered Charity (‘the Respondent’). The Claimant was employed by the Respondent as a Minister of Religion. The Claimant alleged that he was paid pounds 1,407.16 by bank transfer from the Respondent each month, but then required to repay part of each payment to the Respondent. He claimed these sums as unauthorised deductions from wages. The Tribunal found in his favour. The Tribunal erred in law in failing to determine the specific occasions on which, and precise circumstances in which, payments and repayments had been made. As a result, the Tribunal had failed to determine whether there was an ‘occasion’, or occasions, on which the sums paid to the Claimant by the Respondent was less than that ‘properly payable’. The matter was remitted for rehearing.
Before the rehearing, case management will be required to consider any application by the Claimant to contend that any payments he made to the Respondent were rendered unlawful by section 15 ERA (rather than being unlawful deductions contrary to section 13 ERA) and/or by the Respondent to claim that recovery of the sums is precluded by the doctrine of illegality because there was an arrangement to make it appear that the Claimant’s salary was greater than it was to support his application for a visa.
Citations:
[2020] UKEAT 0311 – 19 – 1409
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 December 2022; Ref: scu.661677