Mr J Banks v Falkirk Car Carriers Limited — 2021

Mr J Banks brought claims arising from sums withheld from his wages after damage was caused to a Range Rover he had been transporting. Falkirk Car Carriers Ltd relied on clause 8 of the contract, which allowed deductions for negligent or wilful damage, and said it was entitled to recover repair and transport costs from the claimant's wages.

The tribunal held that the respondent had not proved that the claimant's negligence caused the damage. It accepted that the respondent suspected the claimant had caused the damage, but found there was no evidence beyond assumptions and inference to establish the necessary primary facts. On that basis, clause 8 did not justify the deductions and the claimant's Section 23 Employment Rights Act 1996 claim succeeded.

The tribunal rejected the claimant's separate contentions that he should be paid for work said to have been done on 26 October 2019 and for parking and toll expenses. It preferred the respondent's evidence that 26 October was an unpaid trial before employment started, and it was not persuaded that the claimant had submitted the receipts required by clause 12.2 of the contract. The tribunal ordered the respondent to pay £1,423.56.