In person For the v Respondent — 2022

The claimant worked for the respondent as a Field Engineer from 25 June 2019 to 7 March 2022. The tribunal upheld his section 13 ERA 1996 unlawful deduction claim only in respect of £445.40 of basic pay for 1 to 7 March 2022, which the respondent accepted after preparing for the hearing. His separate breach of contract claim was not upheld.

The tribunal found that the other deductions from the final wage were authorised by the claimant's contract and the company car policy. In relation to vehicle extras, it accepted that the car carried a premium paint charge of £10.27 per month, leaving £71.89 due on termination, and held that even if the allocation document had not been sent the claimant knew or should have known about the charge and had allowed the deductions to continue for over two years.

On the penalty charges, the tribunal accepted that parking in London caused difficulties for the claimant, but held that he was contractually responsible for the fines and that the respondent was entitled to pay higher charges or enforcement-threatened sums and recover them from him. The respondent's counterclaim also succeeded for the cycle-to-work balance of £860 and £399 for fines and penalty charges, with the latter limited to the pleaded amount even though the actual fines totalled £518. The total due to the respondent was £1,259.