Mr L Westerman v TS Travel Group Ltd — 2021

The respondent asked for a postponement by email shortly before the 2pm hearing, but the tribunal refused it and proceeded in the respondent's absence. The claimant attended in person and relied on a payslip showing the final sums he said were due but had not been paid.

The tribunal accepted the claimant's evidence that his written contract, when he started work, referred only to recovery of overpayments and did not authorise deductions for damage to vehicles. It also accepted that any agreement to reimburse the respondent's expenses arising from the accident was signed only after the accident had occurred.

The tribunal held that section 13(6) of the Employment Rights Act 1996 meant any later agreement or consent could not authorise deductions for conduct or events that had already happened. It therefore found that the deductions were unauthorised and awarded the claimant £703.89 for basic wages and £374.22 for accrued but untaken holiday entitlement, making a gross total of £1,078.11.