Deksne v Ambitions Ltd

Deksne v Ambitions Ltd

All underpayments of holiday pay based on the same calculation error form part of a series of deductions within the jurisdiction of the tribunal, and the claim for unlawful deduction of wages is well founded and in time.

Parties
Appellant: Ms A Deksne; Respondent: Ambitions Ltd
Jurisdiction
England and Wales
Judgment Date
18 November 2024
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Unlawful Deduction From Wages, Holiday Pay, Series of Deductions, Limitation Period
Employment Law Unlawful Deduction From Wages Holiday Pay Series of Deductions Limitation Period

Case Brief

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Parties

Ms A Deksne

Appellant

Ambitions Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the underpayments of holiday pay constituted a series of deductions within the meaning of section 23 of the Employment Rights Act 1996
  2. 2 Whether the claim for unlawful deduction of wages was within the jurisdictional time limits

Ratio Decidendi

All underpayments of holiday pay based on the same calculation error form part of a series of deductions within the jurisdiction of the tribunal, and the claim for unlawful deduction of wages is well founded and in time.

Court Disposition

appeal allowed

Orders

  • The claim for holiday pay going back to 11 August 2019 is within the jurisdiction of the Tribunal.
  • The claim for unlawful deduction of wages under section 23 of the Employment Rights Act 1996 is well founded.