Mr J Swain v Medway Council: (England and Wales : Agency Workers : Unlawful Deduction from Wages : Working Time Regulations : Written Statements) [2017] UKET 2301158/2017 (8 June 2017)

Mr J Swain v Medway Council: (England and Wales : Agency Workers : Unlawful Deduction from Wages : Working Time Regulations : Written Statements) [2017] UKET 2301158/2017 (8 June 2017)

The tribunal determined that the claimant was an agency worker and that Medway Council made unlawful deductions from his wages, failed to comply with Working Time Regulations, and did not provide the required written statements.

Source-derived case information.

Citation
[2017] UKET 2301158/2017
Parties
Claimant: Mr J Swain; Respondent: Medway Council
Jurisdiction
United Kingdom
Judgment Date
08 June 2017
Procedural Posture
Employment Tribunal / Final Judgment
Outcome
Claim upheld
Legal Topics
Agency Workers, Unlawful Deduction From Wages, Working Time Regulations, Written Statements
Employment Law Agency Workers Unlawful Deduction From Wages Working Time Regulations Written Statements

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr J Swain

Claimant

Medway Council

Respondent

Procedural Posture

Employment Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant was an agency worker
  2. 2 Whether there was an unlawful deduction from wages
  3. 3 Whether Working Time Regulations were breached

Ratio Decidendi

The tribunal determined that the claimant was an agency worker and that Medway Council made unlawful deductions from his wages, failed to comply with Working Time Regulations, and did not provide the required written statements.

Court Disposition

Claim upheld

Orders

  • Medway Council to repay unlawfully deducted wages
  • Medway Council to comply with Working Time Regulations