Unlawful Deduction of Wages – Contractual Disputes: Agarwal v Cardiff University and another

A worker who suffers a deduction from wages may bring a claim in the employment tribunal to recover the shortfall if it was not made in accordance with a written agreement with the employer or provided for in writing within the contract of employment itself. In Agarwal v Cardiff University and another, the EAT held that a claim for unlawful deduction of wages cannot be made where the employment tribunal would have to engage in an exercise of interpreting the terms of the contract in order to decide whether or not there has been a deduction.

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