ET procedure

[redfox]

In addition to the two reasons, you have stated an employer can also make deductions if:

1. They have overpaid you by mistake
2. There is a legal requirement, e.g. income tax or a court order
3. You missed work because you were on strike or taking industrial action

If none of these further reasons apply, then I think you will need to be more specific about the deduction that has been.

Also, at the time the deduction was made did you ask your employer about it and what was their response?

No because at the time of deduction the employee didn't know the deduction had been made. They deducted it without telling the person the money belongs to. It was wages. Acas seem happy that the employee has to be informed. Just thought I would get a second opinion.

[ULA]

I presume at some stage the person noticed the deduction had been made in which case when the discovered this, did they not ask the question of their employer as to why it had been made?

If not then why not?

[redfox]

If you win a case that involves a claim for unlawfull deductions from wages of say £1,000 does tax and N. I. get deducted off the full £1000?

[dslippy]

Yes. More likely is that the claim allows for TAX and NI beforehand.

[ULA]

redfox I have merged your threads as it is not very helpful for those of us providing advice to not have all questions related to your ongoing ET claim on the one thread.

[redfox]

Yes. More likely is that the claim allows for TAX and NI beforehand.

I wasn't sure if your tax and N. I. would be calculated for the whole 1k(£200 at 20%) or like a normal wage with your tax allowance and N. I. threshold taken into account before tax and ni.

[ULA]

Usually, the unlawful deduction from wages will be repaid subject to tax and NI but the Employment Tribunal will express the amount of the unlawful deduction in gross figures.

[redfox]

A schedule of loss query.

Do I need to send the schedule of loss to the Respondents solicitor to be included in the bundle?

[ULA]

Yes, the Scheule of Loss needs to form part of the bundle

[redfox]

Yes, the Scheule of Loss needs to form part of the bundle

If the Respondent didn't have a solicitor who would put the bundle together?

[ULA]

Directions as to which party should prepare the hearing bundle and how it should be prepared can be considered at a preliminary hearing (PHR). If there is to be a PHR in your claim and if you are still both unrepresented, then I would suggest you ask the judge to clarify this point.

If the tribunal does not make a direction regarding the bundle preparation, then strictly it would be the claimant i.e. you, being responsible for the preparation of the bundle. Sometimes the parties will agree between themselves who will take responsibility for preparation of the bundle. Typically, if one party is represented and the other is not, the represented party normally prepares the bundle, however in your case this would not apply unless between now and the hearing the respondent becomes represented.

[redfox]

I didn't know you could put a claim in for unlawful deduction of wages with under 2 years employment

[ULA]

There is no length of service requirement to bring an unlawful deduction from wages claim.

[redfox]

Let's say we have come to an amicable conclusion

[ULA]

So you have settled your claim?