Mr C Andrews v Caffe Della Terra Essex Ltd (England and Wales : Unlawful Deduction from Wages)

Factual and Procedural Background

The Plaintiff brought a claim against the Defendant, Company A, alleging unlawful deductions from wages and failure to provide a statement of terms and conditions of employment. The matter was heard at the East London Hearing Centre on 26 April 2018 before Employment Judge Hyde, sitting alone. The Plaintiff was self-represented and accompanied by two individuals, while the Defendant was represented by two directors.

Legal Issues Presented

1. Whether the Defendant unlawfully deducted specified sums from the Plaintiff’s wages in September 2017.
2. Whether the Defendant breached the duty to provide the Plaintiff with a statement of terms and conditions of employment as required by section 1 of the Employment Rights Act 1996.
3. Whether the Plaintiff is entitled to compensation under section 38 of the Employment Act 2002 for the Defendant’s failure to comply with the statutory duty.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal found that the Defendant had made unlawful deductions totalling £125.09 from the Plaintiff’s wages on two specified dates in September 2017. Additionally, the Defendant failed to provide the Plaintiff with a written statement of terms and conditions of employment, as mandated by section 1 of the Employment Rights Act 1996. Due to this failure, the Tribunal applied section 38 of the Employment Act 2002 to award the Plaintiff compensation equivalent to four weeks’ gross pay. The reasoning was grounded strictly on statutory provisions governing wage deductions and employer obligations to provide employment terms.

Holding and Implications

The Tribunal DECLARED that the Defendant unlawfully deducted £125.09 from the Plaintiff’s wages and ORDERED repayment of this sum forthwith. Furthermore, the Tribunal ORDERED the Defendant to pay £818.00 in compensation for failure to provide a statement of terms and conditions, as required by statute. The direct effect is a monetary award in favour of the Plaintiff. The opinion does not establish new legal precedent but enforces existing statutory duties and remedies.