Abigail Obenewaah Asiedu v Hamberley Care FV (Eastleigh) Limited — 2025

The claimant, a care assistant employed under the Skilled Worker visa route by Hamberley Care FV (Eastleigh) Limited from June 2023 until her resignation in February 2025, brought a claim for unauthorised deductions from wages totalling £2,861.83 made from her January and February 2025 salaries. Her employment had been preceded by a Conditional Offer Letter and a Final Offer Letter, both of which she had signed and which provided that sponsorship-related costs would be repayable if she left employment within three years.

The Tribunal found that the claimant's signature on those letters constituted prior written agreement to deductions under section 13(1)(b) Employment Rights Act 1996, but that the agreement did not extend to the full £2,861.83 the respondent ultimately deducted. Two specific elements of the respondent's breakdown were not within the scope of what the claimant had agreed to: £113.83 of 'induction logistics' costs (which the Tribunal found were more likely already reflected in the £300 airport-pickup line) and a £500 blanket 'agency fee' for which the respondent did not provide convincing justification. The respondent was ordered to pay the claimant £613.83 in respect of those unlawful deductions; the claimant is responsible for the payment of tax or National Insurance.

Source tags (gov.uk)

• Unlawful Deduction from Wages

• section 13(1) Employment Rights Act 1996
• section 13(1)(b) Employment Rights Act 1996
• section 13(3) Employment Rights Act 1996
• section 27 Employment Rights Act 1996

Total award

£614

Compensatory award

£614

The full judgment is available on gov.uk under the Open Government Licence v3.0.

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