Mr C Stewart v Gainford Hotel Ltd — 2025

The hearing proceeded in the Respondent’s absence under Rule 47. The Tribunal reviewed the file, including the Respondent’s Grounds of Resistance and witness statement, and noted that the Respondent had not uploaded the hearing file or attended to advance the case. The Respondent’s position was that it had a contractual right to deduct sums from the Claimant’s wages, said to arise from a Staff Handbook, but no copy of that handbook was before the Tribunal.

The Tribunal found that the Claimant’s wages had been deducted in the sum of £1,110.00 for hotel accommodation. It held that the evidence did not demonstrate a relevant contractual provision within section 13(2) of the Employment Rights Act 1996 authorising the deduction, and therefore the deduction was not lawfully made. The claim for unlawful deduction from wages succeeded.

The Tribunal ordered the Respondent to pay the Claimant the gross sum of £1,110.00. The judgment records that this is a gross award and that the Claimant is liable to account to HMRC for any tax and national insurance due on it.