Holmes v Tellemachus Ltd Posted In: Case Law
Decision NumberEAT 71
Legal BodyEmployment Appeals Tribunal (EAT)
Type of Claim / JurisdictionDismissal, Pay
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.