Ms J Vidal v Dr J Charles — 2019

Ms J Vidal brought a claim for unlawful deductions from wages arising from a trial shift and from a £20 charge said to relate to an apron. The tribunal found that she worked a trial shift on 9 April 2019 lasting 7.5 hours, that the respondent had previously stated 7.5 hours was the standard working day, and that the hourly gross rate was £8.47. Although the respondent said payment for the trial shift depended on the claimant being successful, the tribunal found she was a worker and that she did in fact continue working for five further days after the trial shift, for which she was paid.

On that basis, the tribunal held that the claimant was successful and that non-payment for the trial shift was an unlawful deduction from wages under s.13 of the Employment Rights Act 1996. It awarded £63.53 gross for the trial shift, calculated as 7.5 x £8.47.

The tribunal also dealt with the apron. It recorded that the apron was embroidered with the company logo, that the claimant did not return it when the contract ended, and that the respondent said the cost was £20. The tribunal found there was no written contract and that the respondent could not rely on s.13(1)(a) or (b) of the Employment Rights Act 1996 in relation to that deduction. It noted that it had no jurisdiction to resolve the return of property.

The tribunal therefore ordered the respondent to pay the claimant £83.53 gross in total, comprising £63.53 for the trial shift and £20 for the apron.