J Wharton v Sheehan Haulage and Plant Hire Ltd
[2024] EAT 127
Ronnie Blair v George Burr
20 June 2024
[2024] EAT 100
Employment Appeal Tribunal
A worker claimed his boss wrongly deducted money from his pay. The first court got confused and missed part of his claim. The appeal court sent the case back to the first court to decide only on the missed part of the claim – unpaid wages for a specific period.
Key Facts
- •Mr. Ronnie Blair (claimant/appellant) claimed unlawful deduction from wages against Mr. George Burr (respondent).
- •The Employment Tribunal (ET) dismissed the claim, finding the claimant failed to establish unlawful deductions.
- •The ET misunderstood the claimant's claim, focusing on notice pay and defamation (outside its jurisdiction) instead of unpaid wages before November 1st.
- •The claimant appealed, arguing the ET failed to address his claim for unpaid wages from November 1st to 18th, 2022.
- •The claimant's ET1 form mentioned unpaid wages and deductions for a hotel room and vehicle damage.
- •The claimant started a new job on November 28th, 2022.
Legal Principles
Unlawful deduction from wages.
Employment Rights Act 1996
Outcomes
The appeal is allowed in part.
The ET failed to address the claimant's claim for unpaid wages between November 1st and 18th, 2022. This constitutes an error.
The case is remitted to the same Employment Tribunal.
The ET will determine only the claimant's claim for unpaid wages between November 1st and 18th, 2022.