Unlawful Deduction Claim

[donarebun]

Hi everyone,

 

This is not for me.

 

Someone has had money illegally deducted from his wages (he gets far more than minimum wage)

 

He intends taking his employer to the Tribunal.

 

I believe he would be entitled to the deduction if he wins and Litigant in Person’s research cost.

 

My question is, will he be entitled to compensation eg injury to feelings?

 

 

Thanks and regards

[dx100uk]

what money by whom

 

 

expand on the story please

[honeybee13]

As dx says, please tell us more.

 

I think this could be dealt with via the small claims route rather than a tribunal, which has quite high fees.

 

Try typing 'unlawful deductions' into the CAG search box at the top of this screen and you'll find lots of similar threads.

 

HB

[Emmzzi]

how do you know it is illegal?

 

hurt feelings award would be very rare

[ericsbrother]

injury to feelings? Not a chance. courts and tribunals put you back in the position that you were in before the event happened so you get the money back plus any costs, to be decided by the court or tribunal. Injury to feelings is for discrimination claims and then they are set by various scales.

TBH better off using the county court small claims procedure as they are quicker, cheaper and less pernickitty about getting the paperwork exactly right.

[becky2585]

No injury to feelings is payable in unlawful deductions claims.

 

He also won't be entitled to recover costs unless the circumstances are exceptional (ie, his employer behaves unreasonably with their conduct of the litigation or their defence has no reasonable prospects of success).

 

He should expect the value of the deductions, and probably the issue and hearing fee back, if he is successful.

[donarebun]

Thanks guys,

 

I have informed him.

[steampowered]

Now that there is a hefty fee to start Tribunal proceedings, it is usually cheaper to bring deduction of wages claims in the county courts through the moneyclaimonline service rather than in an Employment Tribunal.