McClune v FORRME Ltd (Unauthorised Deduction of Wages Other) [2021] NIIT 18221_20IT (22 September 2021)

McClune v FORRME Ltd (Unauthorised Deduction of Wages Other) [2021] NIIT 18221_20IT (22 September 2021)

Claimant suffered unlawful deductions from wages for July-October 2020 due to recalculation of salary after return of van and implied variation of contract; respondent breached duty to provide written statement of employment particulars; tribunal awarded sums for both breaches.

Citation
[2021] NIIT 18221_20IT
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
Northern Ireland
Judgment Date
22 September 2021
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Unauthorised Wage Deductions, Written Statement of Employment Particulars, Salary Sacrifice, Furlough Scheme, Coronavirus Job Retention Scheme

Case Brief

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

  1. 1 Has the claimant suffered unauthorised deductions from wages?
  2. 2 What wages were properly due?
  3. 3 Was there a deficiency in the amount paid?

Ratio Decidendi

Claimant suffered unlawful deductions from wages for July-October 2020 due to recalculation of salary after return of van and implied variation of contract; respondent breached duty to provide written statement of employment particulars; tribunal awarded sums for both breaches.

Court Disposition

Claim upheld

Orders

  • Respondent to pay claimant £1,066.66 gross for unauthorised wage deductions.
  • Respondent to pay claimant £1,384.62 gross for breach of duty to provide written statement of employment particulars.