Employer Partially Liable for Unlawful Wage Deductions in Employment Case

OUTCOME: Allowed in Part

Case No. 6017715/2024

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondents:

[redacted]

Manchester (by CVP) ON: 18 March 2026 BEFORE: Judge Cowx (sitting alone)

REPRESENTATION: Claimant: [redacted] Mrs [APPELLANT] [NAME]

1. The claimant’s claim of unlawful deductions from wages contrary to Section 13(1) of the Employment Rights Act 1996 is partly well founded and succeeds in part as follows.

2. The claimant was entitled to the payment of her wages for the period 16th July 2024 to 23rd August 2024. Before the deduction of income tax and national insurance and other deductions she was entitled to the sum £2,373.80.

3. The [APPELLANT] was not entitled to make a deduction from this sum on the basis that the claimant had, by agreement with the [APPELLANT], taken paid leave in excess of her 2023/2024 annual leave allowance which was to be deducted from her 2024/2025 leave allowance.

4. In accordance with the claimant’s contract of employment the [APPELLANT] was entitled to make a deduction from the above sum for those days or parts of days when the claimant was absent by reason of sickness. The lawful deduction in regard to sickness absences on 13th, 14th and 19th August 2024, for the total of 17½ hours, was the sum of £200.20.

Case No. 6017715/2024

5. The [APPELLANT] is ordered to pay the claimant the sum of £2,173.60. This figure has been calculated using gross monthly pay and the [APPELLANT] is to deduct from that amount the required sum payable to HM Revenue and Customs for Income Tax and National Insurance.

_____________________________

Judge Cowx

18 March 2026

JUDGMENT SENT TO THE PARTIES ON

22 April 2026

FOR THE TRIBUNAL OFFICE

Notes

1. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.

2. Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and [APPELLANT](s) in a case.

Case No. 6017715/2024

NOTICE

THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12

Case number: 6017715/2024

Name of case: [NAME] [APPELLANT]

v Mrs [NAME] [NAME] is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses.

No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day.

Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day.

The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest.

The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows:

the relevant decision day in this case is: 22 April 2026

the calculation day in this case is:23 April 2026

the stipulated rate of interest is: 8% per annum.

[NAME] For the Employment Tribunal Office

Case No. 6017715/2024

GUIDANCE NOTE

1. There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426

If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.

2. The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.

3. The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.

4. Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.

5. Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.

6. If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.

7. If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.

8. If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.

9. The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way.