ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104245/2022 Hearing by Cloud Video Platform at Edinburgh on October 2022 Employment Judge: M A Macleod Lynzi Miller v Beyond Medispa — 2022

The claimant was employed as an Aesthetician/Beauty Therapist from 28 March 2022 until 4 April 2022. She had been required to attend training before starting work, including medical device training provided by Novus Medical Ltd at a cost to the respondent of £950 plus VAT, and her final payment on termination should have been £788.28. The respondent reduced that payment to nil to recover the training cost.

The tribunal held that this was an unlawful deduction from wages within section 13 of the Employment Rights Act 1996. No contract of employment was produced, so there was no evidence of a contractual term authorising the deduction, and there was also no evidence that the claimant had signified written agreement or consent. The tribunal found that an email stating the claimant would be "asked to pay all training back" did not amount to written consent or a clear contractual right to deduct the sum from wages at source. The respondent was therefore ordered to pay the claimant £788.28.