Case 4113171/2018 · Employment Tribunal

Atack Davin Flood v Represented by: In Person Emblation Limited — 2018

Case reference: 4113171/2018
Decision date: 16 November 2018
Jurisdiction: Scotland
Judge: Employment Judge Iain F.
Venue: Glasgow

Indexed: 23 May 2026

Parties

2 named

Claimant

Atack Davin Flood

Respondent

Represented by: In Person Emblation Limited

Key findings

Tribunal's reasoning

The claimant was employed as a product development engineer from 26 June 2017 until 31 May 2018. The tribunal found that he attended FPGA training in February 2018 after raising the course himself by email on 3 January and again on 1 February, and that the respondent had not required him to undertake that training for his role. It accepted the respondent's evidence that the training was personal development training within paragraph 5.5 of the contract, and that the claimant had requested it. On that basis, the deduction of part of the training cost from final salary was authorised by contract and the unlawful deduction from wages claim was dismissed.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The tribunal held that paragraph 5.5 of the contract authorised recovery of part of the FPGA training costs because the course was personal development training requested by the claimant and he left within 6 months of completing it.	Dismissed	—	—
Holiday pay	The tribunal accepted that 10 days holiday were due on termination, but held the respondent was entitled under section 14 of the Employment Rights Act 1996 to offset a two-day overpayment of wages against the holiday payment.	Dismissed	—	—

Legal tests applied

4 references

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

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