Claimant v CJS3 Ltd
Outcome
Individual claims
The tribunal found that deductions for PPE (£495.68) and IT costs (£800) were unlawful as there was no contractual authorisation or prior written agreement. However, the deduction for the power washer (£345) was lawful because the claimant had signified his agreement in writing by message to the respondent, despite not specifying the exact amount, as he was aware of the approximate cost.
Facts
The claimant worked as a gardener for the respondent from December 2021 until his resignation in October 2024, with employment ending on 22 November 2024. Upon termination, the respondent made deductions from his final wages totalling £1,640.68, comprising: £345 for a damaged pressure washer (which the claimant had offered to pay for in a text message), £800 for IT costs relating to alleged data wiping, and £495.68 for allegedly stolen PPE items. The claimant received only £509.76 instead of the expected £1,805.44 shown on his payslip.
Decision
The tribunal found that the deductions for PPE and IT costs (totalling £1,295.68) were unlawful under section 13 Employment Rights Act 1996 as there was no contractual authorisation or prior written agreement for these deductions. However, the deduction for the power washer was lawful because the claimant had agreed in writing via text message to pay for it, even though no specific amount was mentioned at the time. The respondent was ordered to pay the claimant £1,295.68.
Practical note
Employers cannot lawfully deduct money from wages to recover alleged losses or debts unless there is clear contractual authorisation or express prior written agreement, regardless of whether the employer believes they have a legitimate claim against the employee.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6004289/2025
- Decision date
- 18 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- CJS3 Ltd
- Sector
- other
- Represented
- No
- Rep type
- in house
Employment details
- Role
- gardener
- Service
- 3 years
Claimant representation
- Represented
- No