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Yorkshire Maintenance Company Ltd v Farr - Is a contract clause allowing deduction from wages an unenforceable penalty clause? [2009] EAT

The EAT remits a case back so that facts can be established to enable a decision to be made as to whether a clause permitting deductions from wages was unenforceable as a penalty clause.

Mr Farr was a plasterer employed by Yorkshire Maintenance Company Ltd. He was working for a customer called the Humber project.  It seems that his work was not good.  Then he failed to turn up for work on 11th February (the EAT does not say in which year) and was found at home where he was "slurring his words, and smelt of alcohol".  He was dismissed for gross misconduct, being under the influence of alcohol at a time when he should have been working.

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