Mr K Reid v Burton Same Day Couriers Limited — 2019

Mr Reid worked for Burton Same Day Couriers Limited as a van driver from 1 October 2015. He said he handed in one week's notice on 21 December 2018 and was told to leave there and then, handing over the van, keys and fuel cards. The respondent did not attend the hearing, and Employment Judge Hutchinson proceeded in its absence after considering the claimant's oral evidence and documents including his contract, handbook, payslips and a later solicitor's letter.

On the breach of contract claim, the tribunal found that Mr Reid had lawfully given one week's notice and was entitled to be paid that notice period. It held that the respondent did not require him to work his notice after taking the vehicle and keys from him and telling him he was not required to work. Using the payslips, the judge calculated an average weekly take-home pay of £330.45 and awarded that sum as damages for notice pay.

On the unlawful deduction claim, the tribunal accepted Mr Reid's evidence that there was no term in his contract or the company handbook authorising deductions, and that he had not agreed in writing to any deduction. It rejected the respondent's ET3 assertions that his normal take-home pay was £258.20 and that a £320 deduction had been made under a deductions policy. The judge found that Mr Reid had not known about the alleged fines or other sums until the respondent's solicitors wrote on 18 April 2019, and was not satisfied that he owed the respondent any money at the end of his employment. The tribunal held that the non-payment of the final week's wages amounted to an unlawful deduction and ordered payment of £330.45 net.