Claimant v Ms Charity Earnshaw (Trading as Charity Earnshaw Home Care Agency)
Outcome
Individual claims
The tribunal found the respondent was not entitled to deduct unspecified 'office administration fees' of £500 or training fees of £2,500. There was no evidence the claimant agreed to such deductions or that fees were incurred specifically for him. The respondent deducted the claimant's entire wages for August 2023 (£1,795.54) and September 2023 (£788.88), totalling £2,584.42. After deducting the conceded £600 for solicitor's fees, unlawful deductions totalled £1,984.42.
Facts
The claimant worked as a care worker for the respondent's home care agency from April 2022 to September 2023. When he resigned in August 2023, the respondent withheld his entire wages for August (£1,795.54) and September (£788.88) claiming she was entitled to recoup £6,600 for training costs, lawyer fees, and office administration. The claimant raised a formal grievance on 30 August 2023 which the respondent failed to address. The claimant's contract of employment did not specify his rate of pay, referring instead to an employee handbook he never received.
Decision
The tribunal found the respondent made unlawful deductions totalling £1,984.42 (after deducting £600 in agreed solicitor's fees). The respondent failed to provide evidence that the claimant agreed to the deductions or that training fees were incurred specifically for him. The tribunal awarded a 20% ACAS uplift for failure to respond to the grievance, two weeks' pay for defective employment particulars, and £250 for inaccurate payslips, totalling £3,749.26.
Practical note
Employers cannot lawfully deduct training costs or administrative fees from final wages without clear contractual authority and evidence that costs were specifically incurred for that employee; failure to respond to grievances will attract ACAS uplifts.
Award breakdown
Adjustments
The respondent failed to respond to the claimant's formal written grievance dated 30 August 2023. The tribunal applied a 20% uplift (£396.88) to the unlawful deductions award for this failure to follow the ACAS Code on Disciplinary and Grievance Procedures.
Legal authorities cited
Statutes
Case details
- Case number
- 1405883/2023
- Decision date
- 31 May 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- care worker
- Service
- 1 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister