Mr D Flagg v Freightforce Distribution Ltd — 2024

The tribunal heard a single claim for unauthorised deductions from wages. The parties agreed that a deduction had been made from the claimant’s final week pay and that the amount deducted was £442.89. The claimant had worked for Freightforce Distribution Ltd from 27 February 2023 to 10 November 2023, and for the period 3 November 2023 to 10 November 2023 he worked 57.3 hours at £12 per hour, giving a gross entitlement of £687.60 on his final payslip.

The respondent relied on a Deduction from Pay Agreement signed by the claimant on 27 February 2023. The tribunal accepted that the claimant had signed the agreement, had access to it, and was aware of its terms. The agreement provided that damage to vehicles, stock or property caused by carelessness, negligence or deliberate vandalism could be recovered from pay. The respondent said the deduction covered part of the £549 repair cost for damage to a barrier caused on 7 November 2023.

On the facts found, the tribunal accepted that the claimant had hit the barrier and that the circumstances involved carelessness. It found that he had driven in a way that did not allow for the barrier or another hazard, and that he should have been driving so as to accommodate the barrier. Applying section 13 of the Employment Rights Act 1996, the tribunal held that the claimant had previously signified in writing his agreement or consent to the deduction, so the deduction was authorised. The claim for unauthorised deductions from wages was therefore dismissed.