Mr M Akbar v Coach Travel Solutions Ltd T/a CTS Coaches: 2410147/2018
EMPLOYMENT TRIBUNALS
Case No 2410147/2018
Between
Mr M AkbarClaimantCoach Travel Solutions Ltd T/a CTS CoachesRespondent
Before
Regional Employment Judge ParkinIn person for claimantDate 27 July 2018
JUDGMENT
[1]the respondent’s full name is Coach Travel Solutions Ltd t/a CTS Coaches; and[2]the respondent made unlawful deductions from the wages of the claimant and is ordered to pay the claimant the sum of £835.00 gross.
REASONS
[1]By a claim accepted on 10 May 2018, the claimant claimed unlawful deduction from wages in the sum of £835 in respect of pay owed to him on the termination of his employment as a coach driver on 13 April 2018.[2]A response was presented to the claim by the respondent, in the name Coach Travel Solutions, defending the claim because the claimant by causing 2 accidents had cost it £650 and £950 in vehicle repairs and consequential loss. However, the respondent did not rely upon any consent from the claimant in writing to deducting or offsetting these costs or to any provision of the contract of employment evidenced in writing to support the deduction.[3]The respondent’s application to postpone the hearing for absence of its representative and company director was refused because no substantial defence had been put forward. At the hearing, its representative could not point to any written consent or written provision of the contract to justify the deductions or challenge the claimant’s quantification. The full name of the respondent was confirmed as Coach Travel Solutions Ltd t/a CTS Coaches.[4]In all the circumstances, applying sections 13 and 23 to 24 of the Employment Rights Act 1996, the claimant’s claim is well-founded. The respondent made unlawful deductions from the claimant’s wages and is ordered to pay him £835.00 gross.