The Claimant had complained that her holiday pay had been incorrectly calculated over the course of 3 years. The Respondent conceded that it calculated the Claimant’s holiday pay incorrectly. The ET dismissed her claim of unlawful deductions, saying that the deductions were out of time as they were not a series. The Claimant appealed.

The EAT allowed the appeal. The ET was wrong to find that the deductions were out of time as they were not a series. Whether deductions of wages constitute a series is essentially a question of fact answered by taking account of all relevant circumstances including the similarities, differences, frequency, size and impact of the deductions, as well as how they came to be made and applied and what linked them together. It is immaterial to that link that the interval between the payments was, from time to time, in excess of three months or that there was one correct and lawful payment.