Mr A Hussain v Englobe Regeneration UK Ltd Heard: via CVP in the North East Region — 2024

The claimant brought a single claim for unlawful deduction from wages arising from deductions made to recover the cost of WAMITAB training. The tribunal found that the claimant had agreed in writing to repay the training costs if he left within two years of completing the qualification, and that clause 5 of his contract also authorised deductions. It accepted that the training cost was £3,445 and that the respondent later deducted £1,722.50 from each of the claimant’s May and June 2023 salary payments, but those deductions were made under the written agreement and contract.

The claimant argued that there was an implied term requiring the respondent to take reasonable steps to ensure that he had time to complete the course within a year or other reasonable period, and in the alternative relied on the promotion discussions in 2021. The tribunal held that such a term was not necessary to make the contract work and could not be implied on a business efficacy basis. It found that the claimant could arrange his own time, that the respondent had offered support and cover when asked, and that the contractual documents did not provide for the respondent to organise dedicated study time.

On the evidence, the tribunal preferred the respondent’s account that the claimant had opportunities to raise time-off requests and had been offered support, including cover proposals and a later re-registration fee paid by the respondent so he could complete the qualification. It also relied on the claimant’s positive appraisal comments and resignation letter, his completion of the course on 15 June 2023, and the absence of complaints or grievances about lack of time before his resignation. The claim for unlawful deduction from wages therefore failed and was dismissed.