Generic filters

"The barristers are reliable specialists in their field who provide high quality legal advice and representation. They also understand their clients"

Chambers & Partners

Cleeve Link Ltd v. Ms E Bryla


Employment Appeal Tribunal

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.


Shortlist Updated

Out of hours

William Meade (Senior Clerk)

07970 649 755