Mr Jack William Peters v James Cowie & Co Ltd — 2023

Mr Jack William Peters worked for James Cowie and Co Ltd from 13 March 2023 until 15 June 2023, doing welding work. He said the mask provided by the respondent was unsatisfactory, and shortly after he started work he spoke to Kevin Hodges about using his own welding mask and buying a respirator mask and filters. The tribunal found that Mr Hodges agreed that he could make those purchases and would be reimbursed if he produced receipts.

The tribunal heard evidence from the claimant, Dawn Queen and Kevin Hodges, and preferred the claimant's evidence on the disputed issues. It found the respondent's account internally inconsistent, noted the absence of contemporaneous evidence that any payment was made only as a goodwill gesture, and observed that neither of the respondent's witnesses could clearly recall making a payment of £50.44. The tribunal accepted that the claimant bought a respirator mask and filters on 18 March 2023, with further filter purchases on 13 April and 2 May, and that he presented the receipts to the respondent but was not reimbursed.

The claims for unlawful deduction of wages in respect of final salary and pay in lieu of untaken holidays were withdrawn at the hearing and dismissed under Rule 52. The only live claim left for decision was breach of contract over the PPE reimbursement. The tribunal held that the agreement to reimburse the claimant formed a contract between the parties, that the respondent breached it by not repaying the sums due, and that the correct compensation was £108.88, being the amount shown on the receipts.