Mr R Salter v J Coates (HGV Services) Limited — 2019

The claimant brought a single claim for unlawful deduction from wages against J Coates (HGV Services) Ltd after his employment transferred from JSMDT to the respondent on 3 April 2017 under TUPE. Over the course of the proceedings the amount claimed changed several times, and the tribunal recorded different versions of the alleged loss, including figures for underpayment, overtime, bank charges, post and an alleged unpaid week in March 2017.

On the evidence, the tribunal found that the claimant’s contractual salary while employed by JSMDT was £25,000, not £26,500 or £30,000. There was no documentary or reliable oral evidence of any agreement to pay him £30,000, and the respondent’s evidence that he had been offered but not accepted a rise to £26,500 was accepted. The tribunal also found that the claimant had been paid for the last week of March 2017, so there was no unlawful deduction in respect of that week.

The tribunal rejected the bank charges element because the claimant’s figures were inconsistent and unsupported by the documentary evidence, and it found his evidence on that part of the claim contradictory and unconvincing. It also found that the overtime claim related only to overtime up to November 2016, and that the claimant had agreed to take time off in lieu rather than payment for those hours. Allegations said to relate to May 2016 and overtime/post were on their face out of time, and the tribunal held that it would have been reasonably practicable to present those complaints in time in any event.

Applying sections 13 and 23 of the Employment Rights Act 1996, including the reasonable practicability exception for limitation, the tribunal held that it lacked jurisdiction over the out-of-time elements and that, in any event, the claimant had not proved an unlawful deduction from wages. The claim therefore failed in its entirety and was dismissed.