Mr J Adams v A Hand Plumbing Limited Heard: in private by CVP — 2022

Mr J Adams was employed by A Hand Plumbing Limited as a plumbing/drainage engineer from 9 September 2019 until 14 May 2020. The tribunal heard evidence from both sides and considered claims about unpaid holiday on termination and a £500 deduction from wages for damage to a work van. It found that the claimant’s leave year began on his start date under the contract, and that the relevant statutory framework included the Employment Rights Act 1996 and the Working Time Regulations 1998.

On holiday pay, the tribunal found that the claimant accrued 19 days of leave, equal to 162 hours, and that 127.5 hours had already been taken or paid. It accepted that 17 to 19 September 2019 was unpaid leave rather than paid holiday, that holiday on 13 November 2019 and 20 February 2020 was taken and paid, and that the 21 April 2020 to 6 May 2020 booking was cancelled while the claimant was on furlough. The tribunal held that no holidays were taken or paid during furlough and that the respondent had not paid the claimant in lieu of all accrued but untaken leave on termination.

The tribunal therefore found an unauthorised deduction from wages in relation to the unpaid holiday and awarded £379.50 gross, calculated as 34.5 hours at £11 per hour. It recorded that the claimant would be responsible for any income tax and National Insurance Contributions on that sum.

On the van damage issue, the tribunal preferred the respondent’s evidence that the claimant had negligently caused the damage by driving into a parked vehicle. It found that the claimant’s contract provided for deductions up to £500 where the vehicle was damaged due to the claimant’s negligence, that the claimant had been given a copy of the contract before the deduction was made, and that the deduction was authorised and justified.