In Person For the v Respondent — 2019

The claimant brought two unlawful deduction of wages claims under the Employment Rights Act 1996 sections 13 and 27: one for an alleged unpaid bonus of £1,000, and one for a £115 deduction from final salary said to relate to tools not returned. The tribunal heard evidence from the claimant and from Mr David Keyl, the respondent's director, and considered the contract of employment, handbook and emails. It found the bonus issue and the tools deduction on the balance of probabilities.

On the bonus claim, the tribunal found the written contract and handbook were silent about bonus payments and that the claimant had not proved a contractual entitlement. It accepted that the bonus was discretionary rather than guaranteed, and noted the claimant had given notice in early August 2019 after about 16 months' service. The tribunal held that, in those circumstances, it was not unreasonable for the respondent not to pay him a bonus. The bonus claim was therefore dismissed.

On the tools deduction, the tribunal accepted that a deduction of £115 had been made and that the contract permitted deductions for tools lost, damaged or not returned if the contractual conditions were met. The issue was whether the claimant had in fact been issued with the tools said to be missing. The tribunal preferred the claimant's evidence on that point, finding Mr Keyl's evidence less reliable on the specific issue of what was issued at the start of employment. It concluded the respondent had not shown that the claimant had been given the tools or had failed to return them, so the deduction was unauthorised and the claim succeeded.

The tribunal awarded compensation of £115 for the tools deduction. No separate award was made on the bonus claim because it failed.