Mr. G Williams v Danik Group Ltd — 2023

Mr G Williams brought a claim against Danik Group Ltd arising from deductions from his final pay. The respondent accepted that deductions were made from final salary of £2,763.27, leaving £93.72 paid on 13 April 2023. The deductions were said to comprise unpaid time off of £1,561.56, a salary advance of £250, the company phone at £719.99 and AirPods at £139.

The tribunal rejected the challenge to the deductions said to relate to annual leave and absence. It found the claimant had not proved that two holiday days had been cancelled, and it found there was no arrangement entitling him to time off in lieu for the unauthorised absence days. On the evidence, those deductions were held to be lawful deductions from final pay.

The tribunal also held that the deductions for the phone and AirPods were lawful. It found that the claimant had signed the equipment agreement relied on by the respondent, and that the agreement was effective for the purpose of requiring return of company property. In the alternative, it found the claimant later agreed to a deduction for the equipment. The tribunal therefore accepted those deductions as lawful.

The only successful part of the claim was the £250 salary advance. The tribunal found that the arrangement was a personal one between the claimant and the respondent's director, Mr Burnham, rather than an arrangement with the respondent company. On that basis the respondent had no standing to deduct that sum from wages, and the tribunal ordered repayment of £250 forthwith.