Mr T Ellis v M4 Recruitment Limited — 2024

The Claimant, a Regional Hub manager employed from 6 June 2022, was dismissed by letter dated 12 January 2024. The tribunal found that the Respondent had attempted to back-date the notice of termination to 10 January 2024, but the correctly calculated effective date of termination was 9 February 2024. The Claimant was paid only to 7 February 2024, resulting in an unauthorised deduction of 2 days' pay (£227.85), calculated using daily accrual under the Apportionment Act 1870.

On holiday pay, the tribunal held that although the Respondent's policy stated employees "should" take remaining holiday during their notice period, this did not deem leave to have been used. The Respondent had not put the Claimant on notice that he must take leave at a particular time, and the Claimant had not sought line manager agreement, so the 6 days accrued holiday remained outstanding at termination, giving rise to an unauthorised deduction of £969.24.

On the £403 deducted for company car damage, the tribunal found the contractual clause ambiguous as to whether liability extended beyond insurance excess for damage the Claimant was responsible for, and construed the ambiguity against the employer. With no evidence that the Claimant was responsible for the damage (the lease company's inspection report being dated three weeks after the vehicle was returned), the deduction was not authorised.