In person accompanied by Mrs C McCartney – support v Media Displays Ltd — 2020

Mr Barron worked for Media Displays Ltd as a Vehicle Controller from 6 August 2019 until his dismissal on 26 November 2019. He brought a claim that £1,102.83 had been unlawfully deducted from his wages. The tribunal identified the central issue as whether the deduction was unlawful, which turned on whether his conduct on 9 November 2019 was careless or negligent.

The tribunal found that on 9 November 2019 the claimant was driving a seven-and-a-half ton vehicle, backed it into the warehouse to refuel, and failed to open the roller shutter doors fully before exiting. That failure caused damage to the roller shutter doors, which the tribunal found was worth £1,422. The claimant did not dispute that figure. The tribunal also found that the respondent had previously made a deduction of £250 on 29 September 2019 described as damage to vehicle, and later deducted £852.83 on 31 December 2019, including holiday pay.

The tribunal accepted the respondent's reliance on the employee handbook, which stated that damage to vehicles or company property caused by carelessness, negligence or deliberate vandalism could render the employee liable to pay the full or part cost of repair or replacement. Although the claimant said he had not been issued with the handbook, the tribunal found it was incorporated into the contract through the signed statement of main terms and employment conditions. It rejected the claimant's argument that lack of training or being under pressure displaced responsibility for the damage.

On that basis, the tribunal held that the claimant fell short of the standard expected of a reasonable person, owed a duty to exercise reasonable care and skill, and breached that duty. It found the respondent's loss was caused by that breach and that the loss was within the scope of the duty and foreseeable. The claim therefore failed and was dismissed. The tribunal added that the respondent had handled matters badly by making deductions without notice, playing for time, and not properly explaining its position, but said that did not assist the claimant's claim.