1309392/2022Dismissed

Muller Uk & Ireland Group LLP

v A Parry and D Richardson

28 January 2025·Employment Tribunal·England & Wales·Employment Judge Gidney

Respondent

Muller Uk & Ireland Group LLP

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Decision date

28 January 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Gidney

Case Summary

The Employment Tribunal dismissed both claimants' claims of unlawful deductions from wages, as no unauthorised deductions were found.

Why this outcome?

Claim not well-founded

The tribunal found that there were no unauthorised deductions from wages, which is the essential element required to establish a claim for unlawful deductions.

Key Issues

  • What sums were properly payable to Parry and Richardson by the Respondent?
  • Did the Respondent make unauthorised deductions from their wages?
  • If so how much was deducted?
  • Was any deduction required or authorised by statute?
  • Was any deduction required or authorised by a written term of the contract?
  • Did the Claimants have a copy of the contract or written notice of the contract term before the deduction was made?
  • Did the Claimants agree in writing to the deduction before it was made?
  • How much are the Claimants owed?

Decision Text

Full PDF

Claim Nos: 1309392/2022 1309392/2023 EMPLOYMENT TRIBUNALS Claimants: Andrew Parry Darren Richardson Respondent: Muller Uk & Ireland Group LLP Midlands West Employment Tribunal On: 13 th January 2025 By Cloud Video Platform Before: Employment Judge Gidney Appearances For 1 st Claimant: Mr Parry (in person) For 2 nd Claimant: Mr Richardson (in person) For the Respondent: Mr Feeny (Counsel) JUDGMENT The Judgment of the Tribunal is that: 1. The 1 st Claimant’s claim of unlawful deductions from wages, pursuant to s13 Employment Rights Act 1996 (‘ERA’) is dismissed. 2. The 2 nd Claimant’s claim of unlawful deductions from wages, pursuant to s13 ERA is dismissed. Claim Nos: 1309392/2022 1309392/2023 REASONS [1] Introduction 1. For the purposes of this Judgment, I shall refer to the 1 st Claimant, Mr Andrew Parry as ‘Parry’ and to the 2 nd Claimant, Mr Darren Richardson as ‘Richardson’. 2. Parry commenced employment with the Respondent in the role of HGV Driver on 14 th July 2014. His employment is continuing. Parry notified ACAS of a dispute with the Respondent on 19 th December 2022 and obtained an Early Conciliation certificate from ACAS on 30 th January 2023. On 9 th February 2023 he presented an ET1 Claim Form containing a single complaint of an unlawful deduction of wages. 3. Richardson commenced employment with the Respondent in the role of HGV Driver on 14 th May 2008. His employment is continuing. Richardson notified ACAS of a dispute with the Respondent on 27 th September 2022 and obtained an Early Conciliation certificate from ACAS on 8 th November 2023. On 29 th November 2022 he presented an ET1 Claim Form containing a single complaint of an unlawful deduction of wages. 4. On 21 st July 2023 Regional Employment Judge Jones ordered that the Claimants’ Claims be consolidated and heard together. [2] The List of I

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