Claimant v Paton Bros Scaffolding
Outcome
Individual claims
The tribunal found that the respondent made an unlawful deduction from the claimant's final week wages of £506 for 44 hours worked. While the respondent relied on contractual clauses allowing deductions for leaving without notice (clause 4.3) and unreturned company belongings (clause 21.1), they failed to provide evidence of actual loss or a list and value of unreturned items. No contractual provision existed for the vehicle damage deduction they claimed. Without proper calculation or evidence, the deductions were unlawful under section 13 of the Employment Rights Act 1996.
Facts
The claimant worked as a labourer for the respondent scaffolding company from 28 May 2024 to 21 June 2024. He was contracted to work 44 hours per week at £11.50 per hour. The respondent withheld his final week's wages of £506, claiming entitlement to make deductions for the claimant leaving without notice, unreturned company belongings, and damage to a company vehicle. The claimant did not attend the hearing.
Decision
The tribunal upheld the claim for unlawful deduction of wages. While the respondent relied on contractual clauses, they failed to provide evidence of actual loss from the claimant leaving without notice, or any list or valuation of unreturned items. The contract contained no clause permitting deduction for vehicle damage. The tribunal ordered payment of £506 gross.
Practical note
Employers cannot rely on contractual deduction clauses without properly calculating and evidencing the actual amounts they seek to deduct from final wages.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6005191/2024
- Decision date
- 1 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Employment details
- Role
- labourer
- Service
- 1 months
Claimant representation
- Represented
- No