Mr A Outlaw v B&B Industrial Doors Limited — 2021

Mr A Outlaw was employed by B&B Industrial Doors Limited as a welder fabricator and fitter from 30 September 2019 until dismissal on 28 February 2020. The tribunal heard the case by video on 14 April 2021 and sat with Employment Judge R Harfield sitting alone. The judgment addressed notice pay, holiday pay, deductions from wages for work claimed on worksheets, and a deduction taken from the claimant's final wages for a roof rack, ladders and a parking fine.

The claim for one week's notice pay was dismissed. The tribunal preferred the respondent's evidence that the claimant was given the option either to leave immediately or work his notice and be paid, and found that he worked the Monday and part of the Tuesday of the notice week before not returning. On that basis, and relying on the respondent's email calculating final pay on the basis of two days, the tribunal found no additional notice pay was due.

The claim for alleged deductions from wages for work recorded on worksheets was also dismissed. The tribunal found that it did not have a full set of worksheets and that the claimant had not identified with sufficient precision the sums said to be payable or why they were due. Applying the evidence before it, the tribunal was not satisfied that the claimant had shown those sums were properly payable wages.

Holiday pay succeeded in part. The tribunal found that the claimant was entitled to 5 days' holiday pay on termination, made up of 4.5 days accrued in the relevant holiday year plus 0.5 day carried forward. The respondent had paid 3.5 days, leaving 1.5 days unpaid. Using the claimant's average gross weekly pay of £512.08 and a daily rate of £102.42, the tribunal awarded £153.63 gross for holiday pay.

The tribunal also held that the deduction of £620 from the claimant's final wages was an unauthorised deduction from wages within section 13 of the Employment Rights Act 1996. The claimant had agreed only to incremental deductions from ongoing pay, not a single deduction from final pay, and the written documents relied on by the respondent were unsigned and had not been shown to the claimant before the deduction was made. The judgment recorded a total sum due of £773.63.