Niosi v Interpreters: Ms S Ricci Mr J Oya Claremont Park Ltd — 2021

Jessica Niosi and Hector Andres Roman Ihla were employed as duty managers from 13 February 2020 until their resignations effective 21 June 2020. Their employment changed by agreement to zero-hours contracts from 13 March 2020. Their final net wages due for the fortnight ending 21 June 2020, including accrued but untaken holiday pay, were agreed at £554.31 for Ms Niosi and £526.57 for Mr Ihla. The Respondent deducted those sums, citing failure to return master keys, damage to a window, and other losses.

The Tribunal found on the balance of probabilities that the Claimants left the master keys on a desk in the hotel office when they resigned, that neither the manager nor the owner received them, and that the loss of the keys created a security issue requiring replacement of the lock system. It accepted the invoices showing a total cost of £2,500 for replacement of the keys and locks. The Tribunal held that the contractual term permitting deductions for loss or damage caused by the Claimants' carelessness or negligence applied, and that the Respondent was entitled to deduct that cost from their final wages.

The Tribunal also found that a window frame had been damaged and repaired at a cost of £300, but there was insufficient evidence to conclude that the Claimants caused that damage when they left. Applying section 13 ERA 1996, the Tribunal concluded that there had been no unlawful deduction from wages in either case and dismissed both claims.