Mr D Wilson v Stephen Charles Landscapes Limited — 2023

Mr D Wilson worked for Stephen Charles Landscapes Limited from 3 May 2021 as an operations manager and resigned on 1 April 2022. The dispute concerned deductions from his final pay, the respondent’s attempt to rely on contractual deductions provisions and a later deductions policy, and a separate claim for unpaid expenses.

On the section 13 Employment Rights Act 1996 claim, the tribunal found on the balance of probabilities that the claimant had received and worked under the May 2021 offer letter, and that the later deductions policy was at least capable of forming part of the contract. It accepted that the contract covered traffic violations and costs of putting work right, but held that the respondent had not proved the factual basis for the deductions it sought to make. In particular, there was insufficient evidence to support the claimed traffic violation sums or to show that the alleged damage and remedial costs had been properly established.

The tribunal also rejected the respondent’s attempt to justify any shortfall by equitable set-off. Applying Asif v Key People Ltd and Murray v Strathclyde Regional Council, it held that equitable set-off was not available under section 13 in the circumstances, and in any event the respondent had not proved an overpayment with coherent evidence.

On the breach of contract claim, the tribunal found there was an implied term that properly and lawfully incurred expenses would be reimbursed, and it accepted that the claimant more likely than not had authorisation for the seven disputed expenses and had kept receipts. Judgment was therefore entered for £2,789 on the unlawful deduction claim and £349.76 on the breach of contract claim, totalling £3,138.76. The tribunal also recorded that there was no uplift under section 38 Employment Act 2002 because the respondent had provided a written contract of employment.