Holmes v Tellemachus Ltd [2022]

Posted In: Case Law
  • Decision Number
    EAT 71
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Dismissal, Pay
Issues covered: Unlawful Deduction from Wages; Constructive Dismissal

The claimant was employed by the respondent from 28th January 2019 until she resigned on 19th April 2019.  The issue arose subsequent to her dismissal when the respondent deducted £945 from her final wages.  The deduction was made as a result of a contractual clause allowing recoupment of recruitment agency fees.  The claim brought was that such a clause was unlawful as it was a ‘penalty’ clause.  She had also issued grievances about her treatment when she was in the role.  

The Tribunal, at first instance, dismissed the claimant’s claim on the basis that it was not a penalty clause and there had been no express breach of contract by the respondent which

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This article is correct at 26/05/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Jason Elliott BL

The main content of this article was provided by Jason Elliott BL. Email jasondelliott@outlook.com

View all articles by Jason Elliott BL