EAT UNLAWFUL DEDUCTION FROM WAGES
The Employment Judge found unlawful deductions from wages in relation to Claimant’s London Weighting Allowance without first determining adequately or at all, or by reference to relevant and material findings of fact, what wages were properly due to him. The Employment Judge erred by having regard to wholly irrelevant considerations that post-dated the contract; and by failing to explain or determine how an internal, generic form not made available to the Claimant could affect his contractual entitlement to salary or other emoluments.
Despite the limited value of the case in relation to the Claimant alone, the case had potentially wide implications for the Respondent beyond the Claimant’s case only. Given the fundamental failings, including the failure by the Employment Judge to make findings of fact relevant to the issues that required determination, it was proportionate and in accordance with the overriding objective to remit to a fresh tribunal to start again.
Simler J
[2014] UKEAT 0527 – 13 – 1305 (Unl
Bailii
England and Wales
Employment
Updated: 20 December 2021; Ref: scu.535995