E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000086/2025 (V)5 Held on May 2025 Employment Judge N M Hosie Mr Kenneth Reilly v Auto Services Perth Ltd — 2025

Kenneth Reilly worked for Auto Services Perth Ltd as a recovery driver from 5 February 2024. On 18 September 2024 he recovered an Isuzu D-Max to a garage, and when unloading it the vehicle rolled off the recovery vehicle and caused damage to the garage door, drainpipe and the Isuzu itself. The respondent's Directors viewed CCTV of the incident, checked the recovery vehicle's winch, and found no fault. Mr Reilly initially wrote that he was "accepting responsibility for the incident in question", although at the hearing he denied fault and said there had been a mechanical problem.

The tribunal accepted Mr Crozier's evidence and found it reasonable, in all the circumstances, for Auto Services to conclude that the damage was likely due to Mr Reilly's negligence. The tribunal noted that the vehicle had been only a few months old, no previous faults had been reported, and no fault was discovered after the incident. It also accepted that the repair costs of £2,521.44 were reasonable and that Auto Services only deducted £2,264.14 from Mr Reilly's final salary, not the full repair cost or the cost of the garage damage.

The tribunal held that clause 22 of the contract of employment was lawful and enforceable. Applying s.13 of the Employment Rights Act 1996, it found that the deduction was made under a relevant contractual provision known to Mr Reilly in advance. For those reasons, the unlawful deduction from wages claim was dismissed.