Commentary

(1) Types of complaint

Division BI Pay
| Commentary

(1) Types of complaint

| Commentary

I.     Bringing a claim

(1)     Types of complaint

Under ERA 1996 s 23(1) a worker may present a complaint to an employment tribunal if:

  1.  

    —     his employer has made a deduction in contravention of s 13 or s 18; or

  2.  

    —     his employer has received a payment in contravention of s 15 or s 21.

The statutory wording makes it clear that a claim under s 23 will be premature if the employer has simply announced an intention to make an unauthorised deduction or where it is insisting that an unauthorised payment should be made at some point in the future. A claim will only arise once the disputed

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