Ms LE Smythe v Forth Valley Health Board (Scotland : Breach of Contract : Unlawful Deduction from Wages) [2017] UKET 4105745/2016 (4 September 2017)

Ms LE Smythe v Forth Valley Health Board (Scotland : Breach of Contract : Unlawful Deduction from Wages) [2017] UKET 4105745/2016 (4 September 2017)

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

Source-derived case information.

Citation
[2017] UKET 4105745/2016
Parties
Claimant: Ms LE Smythe; Respondent: Forth Valley Health Board
Jurisdiction
United Kingdom
Judgment Date
04 September 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Breach of Contract, Unlawful Deduction From Wages
Employment Law Contract Law Breach of Contract Unlawful Deduction From Wages

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Parties

Ms LE Smythe

Claimant

Forth Valley Health Board

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

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

Ratio Decidendi

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

Court Disposition

Claim upheld

Orders

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