D L W Hung and Xinova Ltd

Case Summary

The claimant brought a complaint of unlawful deduction from wages against an individual respondent. The tribunal struck out the claim against the first respondent on the ground that a complaint of unauthorised deductions from wages cannot be brought against an individual but only against the legal employer, meaning the claim had no reasonable prospects of success.

The tribunal struck out the claim because a complaint of unauthorised deductions from wages cannot be brought against an individual respondent but only against the legal employer, and therefore the claim had no reasonable prospects of success under Rule 38 of the Employment Tribunal Procedure Rules 2024.

• •Whether a complaint of unlawful deduction from wages can be brought against an individual respondent or only against the legal employer
• •Striking out under Rule 38 of the Employment Tribunal Procedure Rules 2024 for lack of reasonable prospects of success

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