Claimant v Renfrew Transport Services Ltd
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction of £720 from the claimant's wages on 22 September 2024 labelled as 'insubordination'. The claimant had no prior knowledge or consent. The respondent failed to demonstrate contractual authorisation for the deduction, failed to notify the claimant in advance or in writing, and did not obtain written consent. The tribunal was not satisfied the deduction was authorised by the contract.
Facts
The claimant was a van driver employed since March 2017. On 22 September 2024, the respondent deducted £720 from his wages labelled 'insubordination' without prior notice or consent. The claimant raised a grievance on 27 September 2024 which was never resolved. The respondent did not attend the hearing and had ceased trading on 9 December 2024, telling employees it could not afford outstanding wages or redundancy payments.
Decision
The tribunal found the claim well-founded. The respondent failed to demonstrate contractual authorisation for the deduction, failed to provide advance written notification, and did not obtain the claimant's written consent. The tribunal ordered the respondent to pay the claimant £720.
Practical note
Employers cannot lawfully deduct wages without clear contractual authorisation, advance written notice to the employee, or written consent, even when citing misconduct as the reason.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8001630/2024
- Decision date
- 6 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Role
- van driver
- Service
- 8 years
Claimant representation
- Represented
- No