Alexander Hirst v Snowdon Transport Limited TELEPHONE HEARING — 2020

Alexander Hirst was employed by Snowdon Transport Limited as a Class 1 driver from 3 February 2020 to 6 March 2020. He claimed £1,579.99 for unpaid wages and holiday pay. The respondent said it had a contractual entitlement to deduct that sum because of the claimant's alleged unreasonable carelessness or neglect, said to arise from events on 6 March 2020 when he did not wait for a mechanic to attend the truck and caused the respondent costs for agency cover, fuel and trailer hire.

The tribunal identified the central issue as whether the claimant had acted with unreasonable carelessness or neglect so as to permit the deduction under the employment contract. It heard evidence from the claimant and from the respondent's operations manager, Mr Matthew Ahmed, and considered documentary material including text messages. The tribunal accepted the claimant's account that he reported the vehicle fault to his line manager Derek, was told to contact Martello, and then communicated with Martello and Derek by telephone and text.

The tribunal found that the claimant had been instructed to return north once he had got the vehicle fixed. It accepted that there was no direct evidence from Derek or anyone from Martello to contradict the claimant's account of the instructions he received. On that basis, the tribunal was not satisfied that the claimant acted with unreasonable carelessness or neglect on 6 March 2020, and it held that the respondent was not entitled to make the deduction from wages.

The claim for unlawful deductions therefore succeeded, and the respondent was ordered to pay the claimant £1,579.99 within 14 days.