(sitting alone) Mr William McGilvary v Represented by: Himself Benaird Ltd — 2017

The claimant was employed as an electrician from 14 April 2016 on £26,500 per annum. After concerns were raised about workmanship on jobs including 65 Falcon Avenue and other properties, the respondents met him on 21 October 2016. The tribunal preferred Mr Walker's evidence that the claimant agreed to resign, so it found that he was not formally dismissed. It also noted that no whistleblowing claim had been made, despite the claimant referring to asbestos concerns during the evidence.

The notice pay claim failed because the tribunal found that the claimant resigned and was not dismissed. It added that, if it had found a dismissal, it would have concluded that the claimant was summarily dismissed for gross misconduct and therefore would not have been entitled to notice pay in any event.

The unlawful deduction claim succeeded. The tribunal held that clause 22 of the contract did not authorise the deductions actually made, because it applied where the employee owed money on termination, whereas here the respondents were owing wages to the claimant at the end of employment. The tribunal also found the respondents' evidence insufficient to justify the calculation of £161.92 said to relate to hours not worked, and insufficiently detailed as to the sums said to have been spent rectifying alleged defects. It referred to Yorkshire Maintenance Company Ltd v Farr on scrutiny of deduction clauses, but did not need to decide reasonableness because the deductions were not authorised on the contract wording.

The tribunal ordered payment of the net final wages due, which the parties agreed was £1,199.89. It made no award for tribunal fees because the claimant had full remission and had not paid any fee.