Claimant v Gray's Inn Medical Group Limited
Outcome
Individual claims
The tribunal found that deductions totalling £9,146.64 gross were made from the claimant's wages on 31 January, 31 March, and 30 April 2024. These deductions were not authorised by any written term of the claimant's contract, and the claimant had not agreed in writing to them. The Training Agreement for the ACP course did not apply because the employer did not pay the fees (Health Education England did). The WhatsApp thumbs-up emoji did not constitute written agreement under s.13 ERA 1996. The deduction for unpaid leave exceeded the actual leave taken.
The claimant was subjected to a detriment when the second respondent provided a negative reference on 12 March 2024 referring to her as 'a unionist', meaning a trade union member. In the context of the claimant raising concerns through her RCN representative about unlawful wage deductions shortly before, the tribunal found the sole or main purpose of the negative reference was to penalise her for being a member of a trade union, contrary to s.146(1)(a) TULRCA 1992.
Facts
The claimant was a Practice Nurse and Head of Nursing employed from February 2021 to April 2024. The employer made unauthorised deductions from her wages totalling over £9,000 for training courses, including an Advanced Clinical Practitioner course not actually paid for by the employer and aesthetics courses where the claimant's agreement (via WhatsApp thumbs-up emoji) was not 'in writing' under the ERA. After the claimant raised grievances supported by her RCN trade union representative, the second respondent provided a negative employment reference describing her as 'a unionist'.
Decision
The tribunal found the wage deductions unauthorised and ordered repayment of £9,146.64 plus £800 consequential loss. The negative reference constituted trade union detriment under s.146 TULRCA because it was intended to penalise the claimant for her union membership and activity. The tribunal awarded £4,000 injury to feelings at the lower Vento band for a one-off incident that the claimant found hurtful and demeaning.
Practical note
A thumbs-up emoji in a WhatsApp message does not constitute written agreement to wage deductions under s.13(1)(b) ERA 1996, and negative references mentioning trade union membership shortly after union representation can constitute unlawful trade union detriment.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2223030/2024
- Decision date
- 9 August 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Practice Nurse and Head of Nursing
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister