EAT 10B
Unlawful Deduction from Wages – out of time
The alleged ‘deduction’ from wages was in fact an alleged underpayment some time after the termination of the contract of employment. In finding that time for claiming in respect of such deduction ran from the date of termination, the Tribunal fell into error. Time would normally begin to run from such date where there had been a complete non-payment, but where the claim was for an underpayment, time runs from the date when the underpayment was made for it was to be treated as the sum form which the deduction was made. Decision of EAT in Group 4 Nightspeed Ltd v Gilbert [1997] IRLR 398 clarified. Also there was a procedural issue on the application for a review.
Judges:
Altman J
Citations:
[2006] UKEAT 0097 – 06 – 2104
Links:
Cited by:
Cited – Nambalat v Taher and Another EAT 8-Dec-2011
nambalatEAT2011
EAT National Minimum Wage Act 1998
National Minimum Wage Regulations 1999, Reg. 2(2)
Unauthorised deductions from wages
All three Claimants were foreign domestic workers employed in the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 06 July 2022; Ref: scu.241630