In person For the v Ms AM Makepeace — 2021

The claimant worked as a driver for Rapid Transport Ltd from 7 September 2020 until he resigned with effect from 18 June 2021. He had not been given a written contract, but he signed a Vehicle Driver Handbook on 6 September 2020 and was aware that the Respondent kept a Rapid Dispatch Handbook in the operations office. The tribunal accepted that, when employment started, the claimant was told he would be responsible for half of any insurance excess if he had a major accident that led to an insurance claim.

In March 2021 the claimant had a minor accident and signed an Authorisation for Voluntary Payroll Deduction for £300, to be repaid at £100 per week. On 19 April 2021 he had a major accident involving a motorbike, which led to an insurance claim. He was asked to sign a further authorisation for £500, representing half of the £1,000 excess, but he refused. When he later left employment, the Respondent deducted £500 from his final wages.

The tribunal held that the deduction was unauthorised for the purposes of section 13 ERA 1996. The claimant had not given written consent to the £500 deduction, and there was no written contractual provision given to him in advance that authorised deduction of half an insurance excess. The Rapid Dispatch Handbook provisions relied on by the Respondent were general, did not refer to insurance claims or a half-excess deduction, and had not been given to the claimant before the deduction. The earlier £300 authorisation also did not notify him in writing of any contractual term covering the later £500 deduction. The claim therefore succeeded in the sum of £500.