Mulheron Scaffolding Services Ltd

Case Summary

The claimant, an HGV driver, claimed arrears of pay and holiday pay following deductions made by the respondent scaffolding business for damage to property. The tribunal found that the respondent was entitled to deduct £1,216 from the claimant's pay under a relevant contractual provision, dismissing the claimant's claims and allowing the respondent's counterclaim only to that extent.

The tribunal found that the contract of employment contained a valid deduction clause permitting the employer to deduct from the employee's pay the cost of repairing or replacing property damaged by the employee, and therefore the £1,216 deduction was lawful and not in breach of section 13 of the Employment Rights Act 1996.

• •Whether the respondent was entitled to deduct £1,216 from the claimant's pay under a relevant contractual provision
• •Whether there was an unlawful deduction from wages in breach of section 13 of the Employment Rights Act 1996
• •Whether there was a breach of contract
• •Respondent's counterclaim for damages caused to property by the claimant

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