(sitting alone)15 Mr S Greenan v S&K Heating Ltd — 2019

Mr S Greenan was employed by S&K Heating Ltd as a central heating engineer from 29 October 2018 to 15 November 2018, working 40 hours a week for £600 gross, or £475 net. The respondent did not attend the final hearing, and the tribunal proceeded in its absence after attempts were made to contact it. The tribunal identified three sums in issue: £380 for four days' work from 12 to 15 November 2018, £475 for the first week's lying time, and £40 for fuel paid by the claimant.

On the wage claims, the tribunal accepted that the claimant had worked the four days in question and had not been paid for them. It also found that the first week's lying time remained unpaid. The respondent's assertion that a repayment provision allowed deductions was rejected because the claimant denied agreeing to it, no copy of any signed term was produced, and there was no evidence of any loss sustained by the respondent. The tribunal held that no lawful deductions could be made and that the failure to pay those sums was both a breach of contract and an unlawful deduction of wages.

On the fuel expense, the tribunal found that the claimant had filled the respondent's van with fuel on 13 November 2018 and had passed the receipt to the administrator. It held that the £40 was a reasonable work expense recoverable under an implied term of the employment contract in Scotland and awarded repayment. Judgment was therefore entered for £380, £475 and £40, with the respondent to deduct tax from the sums as required by law.