The Kingsdale Foundation

Case Summary

The claim of unauthorised deductions from wages is well-founded, but the respondent only needs to pay £640.17 as the gross sum deducted.

The tribunal found the claimant's claim of unauthorised deductions from wages to be well-founded on the merits, and ordered the respondent to pay £640.17 representing the gross sum that was unlawfully deducted.

• •Unauthorised deductions from wages

Case No: 2300510/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mr Adamu Thomas Respondent: The Kingsdale Foundation Heard at: Croydon (by CVP) On: 5 July 2024 Before: Employment Judge Lumby REPRESENTATION: Claimant: Mr J Small Respondent: Ms J Shepherd (of counsel) JUDGMENT The judgment of the Tribunal is as follows: 1. The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 February 2021 to 31 January 2023. 2. The respondent shall pay the claimant £640.17, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. REASONS 1. In this case the claimant Mr Thomas brings monetary claims for breach of contract and unlawful deduction from wages against his employer, the Kingsdale Foundation. Mr Thomas is employed as a teacher at the Kingsdale Foundation School and the respondent is his employer. The period claimed is February 2021 to January 2023 and the amount unlawfully deducted is said to be £8,335.15. The respondent denies the claims. Case No: 2300510/2023 2 2. The issue to be determined is whether the claimant’s pay is calculated pursuant to the prevailing rate for Upper Pay Scale 3 in the School Teachers Pay and Conditions or instead in some other way. 3. This has been a remote hearing which has been consented to by the parties. The documents that I was referred to are in a bundle of 775 pages, the contents of which I have recorded. I have also been provided with witness statements from the claimant and from Mr Steve Morrison who is the headteacher at the Kingsdale Foundation School, a chronology and a draft list of issues. The order made is described at the end of these reasons. 4. I have heard from the counsel for each party. The claimant and Mr Morrison both gave evidence. …