Mr B Marshall v Proclean (2017) Limited — 2020

Mr B Marshall was employed by Proclean (2017) Limited from February 2018 to 14 August 2019. He was paid £8.50 per hour and, subject to absence and customer complaints, a £5 per day bonus. The tribunal found that he had been shown a draft contract in March 2019 but not sent a signed version, that the holiday year ran with the calendar year, and that his working pattern changed from five days per week to three days per week from 1 April 2019.

On holiday pay, the tribunal found that the claimant should have been paid £406.42 for the six working days of leave taken in July 2019, based on the average pay over the 12 weeks before the leave, so the £255 paid left £151.42 outstanding. It also found that, at termination on 14 August 2019, 7 days of accrued but untaken leave remained and that £490.77 was due for that entitlement, less £423.47 already paid, leaving £67.30.

For the August 2019 deductions, the tribunal held that the £17.47 mileage deduction and the £98.74 deduction for 11 hours said not to have been worked were not lawful. It found there was insufficient evidence that the vehicle had been used improperly or that the claimant had not attended the work in question. The bonus claim was dismissed because the tribunal accepted that customer complaints had been made and found the bonus was therefore not payable under the agreed conditions; the final award paragraph states £338.51 subject to statutory deductions.