Mr George McDermid v New Apex Ltd — 2023

Mr George McDermid worked for New Apex Ltd from 6 March 2023 to 28 April 2023 as senior business development manager-Scotland. The Tribunal found that the contractual reference to a 'car allowance up to £250.00/month' was not a fixed monthly allowance, but a limit on what could be claimed for car mileage or related business travel expenses. On that basis, there was no unlawful deduction in respect of the car allowance, and the respondent had also paid the claimant all work-related expenses and, by the hearing, all SSP due.

When the claim was presented, there had been disputed deductions relating to sick pay and holiday pay, but the Tribunal found those sums had since been paid. It therefore held the section 23 Employment Rights Act 1996 claim was well founded, but made no further monetary order on that head because the amounts due had already been discharged.

On the notice issue, the Tribunal found the claimant's contract allowed termination during probation on one week's prior notice. The claimant was dismissed immediately on 28 April 2023 without notice or payment in lieu. The Tribunal was not satisfied that the claimant had been in repudiatory breach of contract, and considered the termination was more likely prompted by his continued absence and the tone of his 27 April 2023 email than by the misconduct alleged in the termination letter. It therefore ordered the respondent to pay one week's pay in damages; the operative judgment states £576.30.