Claimant v Dreadnought Petrol Station MFG plc — 2022

Starr Hunter’s first claim was for an unlawful deduction from wages of £336 said to have been withheld to cover training costs. The respondent accepted the deduction had been made, but argued that the interview discussion and subsequent WhatsApp exchanges showed the claimant had agreed to it. The tribunal held that the deduction was not authorised by any contractual provision and that there was no prior written agreement or consent within section 13 of the Employment Rights Act 1996. The interview discussion was oral, and the WhatsApp messages did no more than refer back to that discussion; if anything, the tribunal found the claimant objected.

The tribunal also dealt with the respondent’s admitted failure to provide a section 1 statement at the start of employment. It found that the omission was not deliberate or careless, accepting Mr Ponpandian’s evidence that he normally used a template contract and that the failure was linked to his personal circumstances at the time. It held that, under section 38 of the Employment Act 2002, it was just and equitable to award the minimum amount rather than the higher amount. Using the respondent’s accepted figures of 118 hours over January and February at £8.40 per hour, the tribunal calculated two weeks’ pay at £114.32.

The respondent was ordered to pay £336 in respect of the unlawful deduction and £114.32 under section 38, making a total award of £450.32.