EAT UNLAWFUL DEDUCTION FROM WAGES
UNFAIR DISMISSAL: Contributory fault / Polkey deduction
The Employment Tribunal erred in its finding as to the number of occasions on which the Appellant worked days in addition to Fridays and Saturdays. This error is likely to have led to a miscalculation of the number of hours worked each week and of whether the National minimum wage had been paid. An error in the calculation of the number of hours worked would also affect the Appellant’s claim under the Employment Rights Act 1996 in respect of deductions from this weekly wage. Minimum wage and deduction from weekly wage claims were remitted to an Employment Tribunal. The appeal against nil basic and compensatory awards for unfair dismissal was dismissed.
Citations:
[2009] UKEAT 0225 – 08 – 1501
Links:
Employment
Updated: 24 July 2022; Ref: scu.331187
