Eastern Eye (Plymouth) Ltd v Hassan & Anor (Unlawful Deduction from Wages) [2015] UKEAT 0383_14_2702 (27 February 2015)

Eastern Eye (Plymouth) Ltd v Hassan & Anor (Unlawful Deduction from Wages) [2015] UKEAT 0383_14_2702 (27 February 2015)

The Employment Tribunal erred in law by failing to allow reconsideration of its judgment where statutory provisions permitted deductions for accommodation and required compensatory awards to be calculated net of tax and National Insurance. The errors arose from the Tribunal's reserved findings, and it was in the interests of justice to correct the awards accordingly.

Citation
[2015] UKEAT 0383_14_2702
Parties
First Respondent / Claimant: Miss J Hassan; Second Respondent / Claimant: Mr S Singh; Appellant / Respondent: The Respondent (Indian restaurant in Plymouth, owner Mr Kalam)
Jurisdiction
United Kingdom
Judgment Date
27 February 2015
Procedural Posture
Employment Appeal Tribunal / Appeal Against Refusal of Reconsideration Application
Outcome
Appeal allowed in part; original awards quashed and substituted with revised sums; application for costs refused.
Legal Topics
Unlawful Deduction From Wages, National Minimum Wage, Unfair Dismissal, Compensation Calculation, Reconsideration Application, Costs
Employment Law Unlawful Deduction From Wages National Minimum Wage Unfair Dismissal Compensation Calculation Reconsideration Application Costs

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Parties

Miss J Hassan

First Respondent / Claimant

Mr S Singh

Second Respondent / Claimant

The Respondent (Indian restaurant in Plymouth, owner Mr Kalam)

Appellant / Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Refusal of Reconsideration Application

Legal Issues

  1. 1 Whether the Employment Tribunal erred in its approach to deductions from wages for accommodation under the National Minimum Wage Regulations 1999
  2. 2 Whether the Employment Tribunal erred in calculating compensatory award for unfair dismissal on a gross rather than net basis

Ratio Decidendi

The Employment Tribunal erred in law by failing to allow reconsideration of its judgment where statutory provisions permitted deductions for accommodation and required compensatory awards to be calculated net of tax and National Insurance. The errors arose from the Tribunal's reserved findings, and it was in the interests of justice to correct the awards accordingly.

Court Disposition

Appeal allowed in part; original awards quashed and substituted with revised sums; application for costs refused.

Orders

  • Award to Miss Hassan reduced to £5,459 (from £6,539.57)
  • Award to Mr Singh reduced to £8,493.28 (from £10,192.90)