Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University. As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal. At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.
During the claimant’s employment with the respondent, she undertook a Level 3 NVQ in Advanced Apprenticeship in Business Administration. This was largely funded by the college and Government with a small sum, that being £225, being contributed by the employer.
The apprenticeship agreement between the college and the respondent stated that the apprentice should not be asked to financially contribute towards the course. Alongside this agreement, the respondent asked the claimant to sign a ‘Study Agreement’ which stated that the claimant should reimburse the respondent if she resigned prior to completing the course. She duly signed the Study Agreement. The Claimant subsequently resigned from her position in February 2019 and completed the apprenticeship in March 2019. As part of her final wage, her pay was deducted by £225 for the administration fee relating to the apprenticeship.
Despite the college contacting the respondent on behalf of the claimant, there was still no reimbursement. The Tribunal found that whilst the employer is allowed to make authorised deductions under Section 13 of the Employment Rights Act 1996 (Article 45 of the Employment Rights (NI) Order 1996) the signing of the ‘Study Agreement’ was not valid authorisation. The Tribunal found that there could be no deduction as the agreement between the respondent and the college forbade it. As a result, it was an unauthorised deduction and the claimant was awarded £225.
Practical Lessons
This case demonstrates how the Tribunal will look beyond any mere authorisation that may have been given by the claimant vis-à-vis a deduction. The Tribunal examined the agreement between the respondent and the college regarding the apprenticeship to make the decision that there could be no authorised deduction. Employers should be aware of this when taking an apprentice on and having to contribute to their course. Even if they leave during the course, the sum cannot be deducted from their final wage.
https://www.gov.uk/employment-tribunal-decisions/miss-e-baynes-v-getaquote-ltd-t-a-coversure-insurance-services-hull-1802081-2019
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