Red Handling UK Ltd

Case Summary

The claimant, a baggage tracing agent, was suspended without pay between 21 October 2024 and 17 March 2025 following a visa verification error by the respondent. The tribunal found the suspension unlawful and that the respondent made unauthorised deductions from wages. The respondent was ordered to pay £14,014.35 for the gross sum deducted, following an unchallenged grievance outcome agreeing to repayment.

The tribunal accepted the claimant's unchallenged evidence that he was unlawfully suspended without pay due to the respondent's visa verification error, that he was entitled to continue working as his visa application was made before expiry, and that the employment contract did not permit reduced or no pay during suspension. The respondent's failure to enforce the grievance outcome agreement to repay the wages constituted unauthorised deductions under section 13(1) of the Employment Rights Act 1996.

• •Whether the respondent made unauthorised deductions from wages
• •Whether suspension without pay was lawful
• •Whether the claimant was entitled to continue working based on visa application status
• •Whether the grievance outcome constituted an enforceable agreement to repay wages

EMPLOYMENT TRIBUNALS Claimant: Mr Joseph Nwadukwe Respondent: Red Handling UK Limited Heard at: London South (in public by video) On: 21 January 2026 (in chambers) On: 6 May 2026 Before: Employment Judge N Wilson Appearances For claimant: Mr Nwadukwe (in person) For respondent: Ms Nicholson (litigation consultant) JUDGMENT 1. The complaint of unauthorised deductions from wages is well-founded. The respondent made unauthorised deductions from the claimant's wages between 21 October 2024 and 17 March 2025. 2. The respondent shall pay the claimant £14,014.35 within 14 days of the date this Judgment is sent to the parties, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. REASONS Background 1. The claimant issued an ET1 on 31 July 2025. ACAS early conciliation started on 2 July 2025 and ended on 2 July 2025. 2. The claimant brings a claim for nonpayment of wages for a period between 21 October 2024 and 17 March 2025. The last deduction identified on the ET1 was made on 17 March 2025. 3. The claimant was employed with the respondent as a baggage tracing agent from 1 November 2022 until his resignation on 8 January 2026. His employment was transferred under the TUPE regulations 2006 to the respondent as of 8 April 2023. 4. The matter was listed for a final hearing on 21 January 2026. The hearing was listed for 2 hours. Having not filed a response in time the respondent filed a late application the day before this final hearing for permission to file their response out of time. Unfortunately, this took up time in the hearing. I heard evidence from the respondent’s Ms S Williams about why they had not filed their response in time and then delivered my decision in respect of the application. 5. The respondent’s application to file their response out of time (made after 5 pm …