Mr J Obioha v Core Drivers Limited — 2022

Mr J Obioha brought a single claim for unauthorised deduction from wages in the sum of £1,279.58. Core Drivers Limited accepted that the deduction had been made, but argued that it was authorised by contractual provisions dealing with training costs and deductions from earnings. The claimant had started work on 4 April 2022, signed a contract, received around three weeks of training from Hoyer, and was dismissed on 24 June 2022, after which two payslips showed a deduction of £1,279.58 for training.

The tribunal considered the relevant contractual wording under the headings Hours of Work, Charges, and Period of Notice, together with section 13 of the Employment Rights Act 1996. It accepted that the claimant had been told before starting that training would be provided and that there was an actual training cost of £1,500 charged to the respondent, but it held that the contract did not clearly and unambiguously authorise deduction of training costs from wages. The provision about Charges was treated as directed to charges for failing to attend agreed shifts or dropping loads, not to training costs incurred by all new starters.

The tribunal found that the wording under Period of Notice created a liability to pay training costs, but was silent as to deduction from wages. Reading the contract as a whole, and resolving any ambiguity in the claimant’s favour, the tribunal concluded that the deduction of £1,279.58 was not authorised by the contract of employment. It therefore made a declaration to that effect and ordered the respondent to repay the net sum of £1,279.58.