Claimant v Gainford Hotel Ltd
Outcome
Individual claims
The tribunal found that £1,110 was deducted from the claimant's wages for hotel accommodation. The respondent failed to provide evidence of a relevant contractual provision authorising the deduction as required by section 13(2) of the Employment Rights Act 1996. The respondent did not attend the hearing or provide the Staff Handbook containing the alleged contractual right to deduct.
Facts
The claimant worked for a hotel company which deducted £1,110 from his wages for hotel accommodation. The respondent claimed this deduction was authorised by their Staff Handbook. The respondent did not attend the hearing despite being properly notified, did not provide the required hearing bundle by the deadline, and failed to produce the Staff Handbook containing the alleged contractual provision.
Decision
The tribunal found in favour of the claimant and ordered repayment of £1,110. The respondent failed to provide evidence of a relevant written contractual provision authorising the wage deduction as required by section 13(2) of the Employment Rights Act 1996. Without such evidence, the deduction was unlawful.
Practical note
Employers must have clear written contractual terms, properly notified to workers in advance, to lawfully deduct sums from wages, and failure to produce such evidence will result in the tribunal finding in favour of the worker.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014158/2024
- Decision date
- 24 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No