Case - Cleeve Link Ltd v. Ms E Bryla

UKEAT/0440/12/BA, Employment Appeal Tribunal - Ian Scott
Download PDF: a
This case concerns contractual penalty clauses in an employment context. If the sum concerned is a penalty an employment tribunal can properly find that it is an unlawful deduction from wages. Guidance for Employment Tribunals dealing with these issues is provided in the Judgment of His Honour Judge Hand.
 
In this case the Employment Judge had found that a recoupment of expenses provision in a contract with the employee was a penalty but had not correctly applied the law. He did notconsider the position at the time the contract was entered into but at the time ofbreach of contract. Further, he did not consider whether there was an extravagant or unconscionable gulf between the maximum amount that could be recovered in a common-law action for damages for breach of contract as opposed to the sum stipulated in the agreement.
 
Ian Scott acted for the Appellants in the Employment Appeal Tribunal.
About cookies on our website

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)