Industrial Tribunals Northern Ireland Decisions

 
THE INDUSTRIAL TRIBUNALS

CASE REF: 420/05

CLAIMANT: Sueanne Lee

RESPONDENT: Fringe Hair Studio

DECISION

The unanimous decision of the tribunal is that the claimant is entitled to the sum of £358.14 in respect of unlawful deductions from wages and that the application for costs by the claimant is dismissed.

Constitution of Tribunal:

Chairman: Mr Crothers

Members: Dr Eakin

Mr Nicholl

Appearances:

The claimant was represented by Miss Walkingshaw, Barrister-at-Law, instructed by Murty M. Toolan & Co., Solicitors.

The respondent was unrepresented and did not attend.

1. The tribunal decided to determine the proceedings in the absence of the respondent, pursuant to Regulation 27(5) of the Industrial Tribunals (Constitution and Rules of Procedure) Regulations (Northern Ireland) 2005.
2. The tribunal heard evidence from the claimant and received a bundle of documents from the claimant.
3. The claimant claimed that after five weeks into her employment with the respondent, her salary was reduced and that she had a claim for unlawful deduction of wages. The respondent entered a Notice of Appearance in which reasons were given for the reduction in the claimant's wages. The tribunal considered the respondent's Notice of Appearance as part of the information before it.
4. The issues before the tribunal were as follows:-

(i) Was there an unlawful deduction from wages as claimed by the claimant?

(ii) Was the claimant entitled to claim a deduction for a two week period prior to which she had consented orally to a reduction in wages?

5. The tribunal analysed the evidence before it and came to the following findings of fact:-

(i) The claimant was employed by the respondent from 7 December 2004 until 22 February 2005 being the effective date of termination of her employment.

(ii) The claimant was initially paid a net rate of £162.16 per week for a period of five weeks.

(iii) After certain conduct complained of by her employer she verbally agreed to a reduction in her net wage to £100.00 per week for a period of two weeks.

(iv) The tribunal is satisfied that the respondent agreed to review the situation after the two week period but did not do so.

(v) The tribunal accept that the P45 documentation presented to the tribunal shows that the claimant received a sum of £1,149.12 net of tax during the period of her employment. The tribunal also finds that had the claimant been paid the initial net sum of £162.16 throughout her period of employment, she would have obtained a net sum of £1,807.26.

6. The applicable principles of law for the purposes of this case are set out in Article 45 of the Employment Rights (Northern Ireland) Order 1996.
7. The tribunal concluded as follows:-

(i) Article 45(1)(a) did not apply to this case and, in relation to Article 45(1)(b) there was no evidence that the employee had signified her consent in writing to the making of any deduction. Furthermore, any such agreement or consent must in all cases be given before the conduct or event on which the employer relies in making the deduction. The evidence of the claimant on this point, which is accepted by the tribunal, was that apart from the consent not being in writing, it was not given before the conduct or event on which the employer relied in making the deductions.

(ii) In light of the foregoing, the tribunal is satisfied that the claimant is entitled to the sum of £358.14 for unlawful deduction from wages and that it is not appropriate in this case for an order for costs to be made against the respondent, taking into account the relevant regulations in regard to same, and in particular Regulation 14 of Schedule 1 to the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 2004.

8. This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.

Chairman:

Date and place of hearing: 19 May 2006, Belfast.

Date decision recorded in register and issued to parties: