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Case Examples
Disability Discrimination Update
April 2008
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Unpaid Wages:
• Deductions from wages may not be made without statutory power or the agreement of the employee.
• Where an unauthorised deduction has been made, an employee may apply to an employment tribunal for repayment.
• Failure to pay is generally regarded as an unlawful deduction.
A, a lorry driver, was paid by cheque. A number of cheques were dishonoured by the employer’s bank. When A complained, he was told that things would be sorted out. The cheques continued to ‘bounce’ and A complained to an employment tribunal. He produced written evidence of the dishonoured cheque transactions. The employer’s response to tribunal proceedings was to scrawl “F**k off” on the tribunal documentation.
The tribunal ordered the employer to pay the unpaid amount and awarded costs against him for unreasonable behaviour.
A, a lorry driver, was paid by cheque. A number of cheques were dishonoured by the employer’s bank. When A complained, he was told that things would be sorted out. The cheques continued to ‘bounce’ and A complained to an employment tribunal. He produced written evidence of the dishonoured cheque transactions. The employer’s response to tribunal proceedings was to scrawl “F**k off” on the tribunal documentation.
The tribunal ordered the employer to pay the unpaid amount and awarded costs against him for unreasonable behaviour.