Mr I Tickner v Mitchell Stevenson — 2019

Mr I Tickner did not attend the hearing and did not object to the case proceeding in his absence. The respondent, Mitchell Stevenson, was represented by Mrs S. Johnston, the sales director, who gave evidence about the claimant's work as a merchandiser visiting high street retailers to take orders for greetings cards.

The tribunal found that the claimant was required to sign in at stores, take before-and-after photographs of the display fixtures, take orders as needed, and leave the fixtures fully stocked. It accepted the respondent's evidence that concerns arose in May and June 2019 because the claimant was failing to visit retailers and was instead sending duplicate photographs from earlier visits to show that he had attended subsequent occasions.

On that evidence, the tribunal held that the claimed unpaid wages related to visits the claimant had not made, so he had no entitlement to those sums. It also found that a £25 administration fee had been contractually deductible. The tribunal was satisfied that holiday pay had been paid in full and that there was no outstanding entitlement to expenses.

The judgment therefore dismissed the claims for unauthorised deduction of wages and breach of contract. It also recorded that the claimant had claimed £200 as compensation, but there was no basis for that claim.