Holmes v Tellemachus Ltd [2022]

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