Mr L Tooze v DHL Global Forwarding Ltd: 2304743/2019
| Jurisdiction | England & Wales |
| Judgment Date | 16 June 2022 |
| Court | Employment Tribunal |
| Citation | 2304743/2019 |
| Date | 16 June 2022 |
| Published date | 14 October 2021 |
| Subject Matter | Unlawful Deduction from Wages |
Case No: 2304743/2019
1
10.5 Reserved judgment with reasons – rule 62 March 2017
EMPLOYMENT TRIBUNALS
Claimant: Mr L Tooze Case Number: 2304747/19
Respondent: DHL Global Forwarding Limited
Heard at: Birmingham via CVP On:27th and 28th April 2021
Before: Employment Judge Beck
Representation:
Claimant: Mr Tooze Litigant in person
Respondent: Represented by Miss Ferber (Counsel)
RESERVED JUDGMENT
1. The complaint under section 23(1) Employment Rights Act (1996) that the
respondent has made unlawful deductions from the complainant's wages is
not well founded. Therefore, the complaint is dismissed.
REASONS
Introduction
1.By a claim form received on the 29/9/19, the claimant brought a claim for £10,000
per year payments, which the claimant stated were unpaid wages, dating back to
2009. It was not clear from the ET1 whether the claimant was claiming breach of
contract and / or non-payment of other sums at this stage. The unpaid wages act
claim is brought under section 23 (1) (a) Employment Rights Act (1996).
2. The respondent returned the ET3 form indicating that the ET1 claim form
was insufficiently pleaded, and could not be brought as a breach of contract
claim, as the claimant was still employed by the company. The respondent
indicated all claims would be opposed.
3.The claimant undertook early conciliation with ACAS under certificate number
R574251/95. ACAS received notification of the claim on the 20/9/19, and issued a
certificate on the 11/10/19.
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