Unlawful deductions for invoices: former employee wins £2,338 after employer fails to attend hearing
A former employee has been awarded £2,338.64 after his employer made unlawful deductions from his wages for two invoices and failed to attend the tribunal hearing. The employer's late application for reconsideration was refused.
1 min read · Last updated 18 May 2026
Case details
- #unlawful-deduction
- #holiday-pay
- #notice-pay
- #no-appearance-by-respondent
- #default-judgment
Key facts
- The claimant was paid a monthly salary of £2,833.00.
- The respondent made unlawful deductions from the claimant's wages for two invoices without contractual or statutory authority.
- The claimant was entitled to 12 days' unpaid salary, 6 days' holiday pay, and 1 week's notice pay.
- The respondent paid £668.61 to the claimant, leaving a balance of £2,338.64.
- The respondent did not attend the hearing and was contacted by the clerk but claimed the hearing was the next day.
Timeline
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Invoice 82691 issued
Respondent issued invoice 82691 for £99.65, later deducted from claimant's wages.
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Invoice 83545 issued
Respondent issued invoice 83545 for £500, later deducted from claimant's wages.
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Respondent paid £668.61
Respondent paid the claimant £668.61 by cheque, which included deductions for the two invoices.
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Notice of hearing sent
Tribunal sent notice of hearing to both parties for 17 August 2022.
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Business sold
Respondent's business was sold in May 2022.
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Respondent emails tribunal
Respondent sent email at 08:18 asking for connection details and stating they wanted to sort out amount owed.
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Full merits hearing
Hearing proceeded in respondent's absence; judgment awarded £2,338.64 to claimant.
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Judgment sent to parties
Written judgment sent via email to both parties.
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Respondent applies for reconsideration
Respondent emailed tribunal 42 days after judgment, requesting appeal/reconsideration.
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Reconsideration refused
Employment Judge Aspinall refused the application as out of time and without merit.
The legal issue
Whether the employer could lawfully deduct amounts for two invoices from the employee's wages without his consent, and whether the employee was entitled to unpaid salary, holiday pay, and notice pay.
The outcome
The tribunal ruled in favour of the former employee, finding that Sutton and Cheam Limited had made unlawful deductions from his wages.
The employer deducted £599.65 from the employee's final pay to cover two invoices, without any contractual right, legal order, or the employee's written consent. The tribunal also upheld claims for unpaid salary, holiday pay, and notice pay, but rejected a claim for an extra week's pay as the employee had insufficient service for unfair dismissal.
Compensation breakdown:
- 12 days' unpaid salary: £1,569.00
- 6 days' holiday pay: £784.50
- 1 week's notice pay: £653.75
- Less payment already made: £668.61
- Total awarded: £2,338.64
Lessons & takeaways
- Employers cannot deduct money from wages without a clear contractual right, a statutory requirement, or the employee's written consent.
- If you receive an invoice from your employer that they intend to deduct from your pay, challenge it in writing immediately and do not agree unless you are sure it is lawful.
- Failing to attend a tribunal hearing without a good reason can lead to a default judgment against you, and late applications for reconsideration are unlikely to succeed.
- Keep copies of all payslips, invoices, and correspondence about deductions – they are crucial evidence in a wages claim.
- Claims for notice pay and holiday pay can be brought alongside unlawful deduction claims, but unfair dismissal claims require two years' service.
When an employer deducts without permission
This case shows what happens when an employer takes money from a worker's wages without a proper legal basis. The former employee had two invoices totalling £599.65 deducted from his final pay – one for £99.65 and another for £500. The employer had no contractual clause, court order, or written consent to make those deductions. The tribunal was clear: that was unlawful.
What the employer could have done differently
The employer, Sutton and Cheam Limited, could have avoided this outcome by obtaining the employee's written agreement to the deductions or by pursuing the invoices through a separate legal process. Instead, they simply deducted the amounts and then failed to attend the hearing. The director told the tribunal clerk he was jogging and thought the hearing was the next day – despite clear notice sent months earlier. An email sent the day before asking for connection details did not save the day.
Why the result matters
This judgment reinforces a basic protection for workers: your wages are yours unless there is a clear legal reason to take them. The employee, who represented himself, successfully argued his case without a lawyer. The total award of £2,338.64 covered his unpaid salary, holiday pay, and notice pay, minus a partial payment already made. The employer's attempt to have the decision reconsidered – filed 42 days late – was rejected as out of time and without merit.
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