Mrs D Morgan T/a Walkies n Wagtails

Case Summary

The claimant claimed unlawful deductions from wages for the period 16 July to 23 August 2024. The tribunal found the respondent was not entitled to deduct sums in respect of excess annual leave taken by agreement, but was entitled to deduct £200.20 for lawful sickness absences. The respondent was ordered to pay the claimant £2,173.60.

The tribunal found that the respondent was not entitled under law to deduct sums representing excess annual leave taken by agreement, as such deductions were unlawful under Section 13(1) of the Employment Rights Act 1996. However, the respondent was entitled to make lawful deductions for sickness absences in accordance with the claimant's contract of employment.

• •Unlawful deductions from wages under Section 13(1) Employment Rights Act 1996
• •Whether deduction for excess annual leave taken by agreement was lawful
• •Whether deduction for sickness absence was lawful under contract of employment

Case No. 6017715/2024 EMPLOYMENT TRIBUNALS Claimant: Miss Charlotte Cossins Respondents: Mrs Debra Morgan T/A Walkies n Wagtails HELD AT: Manchester (by CVP) ON: 18 March 2026 BEFORE: Judge Cowx (sitting alone) REPRESENTATION: Claimant: Respondent: Represented herself Mrs Debra Morgan JUDGMENT 1. The claimant’s claim of unlawful deductions from wages contrary to Section 13(1) of the Employment Rights Act 1996 is partly well founded and succeeds in part as follows. 2. The claimant was entitled to the payment of her wages for the period 16 th July 2024 to 23 rd August 2024. Before the deduction of income tax and national insurance and other deductions she was entitled to the sum £2,373.80. 3. The respondent was not entitled to make a deduction from this sum on the basis that the claimant had, by agreement with the respondent, taken paid leave in excess of her 2023/2024 annual leave allowance which was to be deducted from her 2024/2025 leave allowance. 4. In accordance with the claimant’s contract of employment the respondent was entitled to make a deduction from the above sum for those days or parts of days when the claimant was absent by reason of sickness. The lawful deduction in regard to sickness absences on 13 th , 14 th and 19 th August 2024, for the total of 17½ hours, was the sum of £200.20. Case No. 6017715/2024 5. The respondent is ordered to pay the claimant the sum of £2,173.60. This figure has been calculated using gross monthly pay and the respondent is to deduct from that amount the required sum payable to HM Revenue and Customs for Income Tax and National Insurance. _____________________________ Judge Cowx 18 March 2026 JUDGMENT SENT TO THE PARTIES ON 22 April 2026 …