Mr. C Gavaghan v Herongrange Manpower Direct Limited — 2024

Mr C Gavaghan brought a claim for unlawful deductions from wages against his former employer, Herongrange Manpower Direct Limited. The tribunal found that the respondent had made deductions from his wages between February and April 2024 totalling £1,237, and that the complaint was well founded and succeeded.

The respondent said the deductions were authorised by the claimant’s contract and company vehicle policy, and related to vehicle damage. The tribunal accepted that the claimant had signed a statement of particulars and vehicle policy, but found no evidence that he had been negligent in relation to the early-2023 van damage, and no documentary evidence of an insurance claim, repairs, or excess payment was produced. The tribunal also noted that the vehicle had pre-existing condition issues on handover and that the respondent’s records were incomplete.

For the £1,000 deduction connected with early-2023 damage, the tribunal held that the contractual wording did not authorise deductions because the losses were not shown to arise from the claimant’s negligence or breach of company rules, and the policy language on unknown damage was too vague to create a lawful basis for deduction. The later variation and payment-plan agreement signed on 6 and 8 February 2024 did not assist the respondent because they post-dated the event giving rise to the deduction, so sections 13(5) and 13(6) of the Employment Rights Act 1996 applied.

For the £237 deduction relating to the windscreen washer stalk, the tribunal found there was no evidence the claimant caused the damage by negligence and no proof that repairs costing £237 had been carried out. The later agreement again did not authorise that deduction, and the written payment plan did not mention the washer stalk. The tribunal therefore concluded that both deductions were unauthorised and ordered the respondent to pay the gross sum of £1,237.