Claimant v Consortia Integrated Services Ltd
Outcome
Individual claims
The tribunal found the respondent made unlawful deductions totalling £1536 for a mobile phone and gas certification course. The claimant had not consented in writing to the mobile phone deduction. The gas certification course sum was only recoverable if the claimant resigned, but he was dismissed, making the deduction unlawful under s13 ERA 1996.
Facts
The claimant was dismissed by the respondent. The respondent had made deductions from his wages totalling £1536 for a mobile phone and a gas certification course. The respondent did not attend the hearing. The tribunal heard evidence from the claimant that he had not given written consent to the mobile phone deduction, and that the contractual provision allowing recovery of the course costs only applied if he resigned, not if dismissed.
Decision
The tribunal found both deductions to be unlawful under s13 ERA 1996. The mobile phone deduction was unlawful because there was no written consent. The gas certification course deduction was unlawful because the contractual term only allowed recovery on resignation, and the claimant had been dismissed. The respondent was ordered to pay £1536 immediately.
Practical note
Employers cannot lawfully deduct from wages without proper written consent, and contractual deduction clauses will be interpreted strictly according to their exact terms.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6021595/2024
- Decision date
- 28 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No