Claimant v Omar Ahmed Limited
Outcome
Individual claims
The tribunal found the claimant worked 72.5 hours at £10.42/hour (£755.45 gross). Deductions for key replacement (£457) and training (£156.30) were authorised by contract. However, the £35 uniform deduction was unlawful because the claimant was summarily dismissed without notice and told not to attend the store, making it impossible for him to comply with the contractual requirement to return uniform before final pay. The claimant was awarded £142.15 representing the balance owed after lawful deductions.
Facts
The claimant worked as a sandwich maker for the respondent from 24 June to 14 July 2023, when he was dismissed for gross misconduct. He was paid £10.42 per hour on a zero hours contract. The respondent made deductions from his wages totaling £648.30 for: key replacement (£457), training costs (£156.30), and uniform not returned (£35). The claimant failed to return his store key after dismissal and the respondent changed the locks. The claimant disputed the amount of hours worked but kept no records.
Decision
The tribunal found the claimant worked 72.5 hours (£755.45 gross wages). Deductions for key replacement and training were lawful as they were authorised by the contract. However, the £35 uniform deduction was unlawful because the claimant was summarily dismissed and told not to return to the store, making it impossible for him to comply with the contractual requirement to return uniform before final pay. The claimant was awarded £142.15 in unpaid wages.
Practical note
Contractual deduction clauses may be rendered unenforceable where the employer's own conduct (summary dismissal and banning from premises) makes it impossible for the employee to comply with the conditions precedent to the deduction.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3312410/2023
- Decision date
- 14 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- sandwich maker
- Service
- 1 months
Claimant representation
- Represented
- No