EAT Unlawful Deduction From Wages – NATIONAL MINIMUM WAGE
UNFAIR DISMISSAL – Compensation
Appeal against the Employment Tribunal’s refusal of reconsideration application. Two points arose: (1) whether the ET had adopted the correct approach to the claims of unlawful deductions from wages, given statutory provision permitting such a deduction for living accommodation (National Minimum Wage Regulations 1999); and (2) whether, in making no deduction for tax and National Insurance liability, the ET had erred in its approach to calculating the compensatory award in respect of Mr Singh’s unfair dismissal claim.
The ET had refused the application for reconsideration on either ground. It had reasoned: (1) the issue of a deduction pursuant to a statutory provision had not been taken at the original hearing, and (2) Mr Singh’s pay had not been subject to deductions for tax and National Insurance during his employment so his compensatory award should be gross rather than net.
Eady QC HHJ
[2015] UKEAT 0383 – 14 – 2702
Bailii
England and Wales
Employment
Updated: 30 December 2021; Ref: scu.546425
