Mr P Chubb v Refreshingly Retro Ltd (In Liquidation) — 2023

Mr Chubb worked for Refreshingly Retro Ltd as a welder/fabricator from 8 August 2022. He was told he would work a 40-hour week at £13.22 per hour. Some weeks later he was handed a written contract containing clause 13, which allowed the respondent to deduct notice pay from final wages if he left without notice. The tribunal found that he objected to that term, was told he would not be paid if he did not sign, and only signed because of that pressure. It concluded that the clause had no effect because his agreement was obtained under duress.

The tribunal also found that, in any event, the respondent was in breach of the fundamental implied term of trust and confidence, which entitled the claimant to leave his employment. It accepted that by September 2022 the claimant had become concerned about the respondent's position and about the treatment he received in connection with his tools and his employment. On that basis, the tribunal treated the claimant's case as one for unlawful deductions from wages comprising unpaid wages and unpaid holiday pay.

The tribunal held that the unlawful deductions claim was made out under section 13 of the Employment Rights Act 1996. It also referred to sections 23 and 24 of the same Act as the basis for recovery of the unpaid sums and associated financial loss. It awarded £2,644 gross for unpaid wages, £264 gross for holiday pay not paid on termination, and £421.75 for losses sustained because the wages were not paid, producing a total award of £3,329.75.