Mr W McGilvary v Benaird Ltd (Scotland : Breach of Contract : Unlawful Deduction from Wages) [2017] UKET 4105782/2016 (22 March 2017)

Mr W McGilvary v Benaird Ltd (Scotland : Breach of Contract : Unlawful Deduction from Wages) [2017] UKET 4105782/2016 (22 March 2017)

The tribunal found that the respondent made deductions from the claimant's wages that were not authorised by statute or contract, constituting a breach of contract and an unlawful deduction from wages.

Citation
[2017] UKET 4105782/2016
Parties
Claimant: Mr W McGilvary; Respondent: Benaird Ltd
Jurisdiction
United Kingdom
Judgment Date
22 March 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract, Unlawful Deduction From Wages
Employment Law Breach of Contract Unlawful Deduction From Wages

Case Brief

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Parties

Mr W McGilvary

Claimant

Benaird Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether there was a breach of contract by the respondent
  2. 2 Whether there was an unlawful deduction from the claimant's wages

Ratio Decidendi

The tribunal found that the respondent made deductions from the claimant's wages that were not authorised by statute or contract, constituting a breach of contract and an unlawful deduction from wages.

Court Disposition

Claim upheld

Orders

  • Respondent to pay the claimant the amount unlawfully deducted from wages