Mr G Marr v Mulheron Scaffolding Services Limited — 2026

Mr G Marr ended his employment on 15 October 2025 and claimed arrears of wages and holiday pay. The Tribunal accepted that, before considering the contractual deduction, he had unpaid wages and six untaken holiday days at £152 per day; it stated the combined amount as £1,216. It rejected the additional pension contribution element, finding that the employer contribution was 3% and that section 14(4) of the Employment Rights Act 1996 excluded pension payments made under the parties' arrangement from section 13.

The respondent's contract counterclaim concerned property damage arising from incidents on 26 August, in early September and in early October 2025. The Tribunal found that the claimant essentially accepted that the incidents and resulting repair costs were his fault. His employment contract permitted the respondent to deduct or withhold from his pay the cost of repairing or replacing property damaged through his neglect or fault, and the respondent's insurance excess was £2,500 for each claim.

Applying section 13 of the Employment Rights Act 1996, the Tribunal held that the respondent was entitled to deduct or withhold £1,216 under the contractual clause. It interpreted the clause as permitting recovery only by deduction or withholding from pay, rather than imposing wider liability for the repair costs, and resolved any ambiguity against the respondent as the writer of the contract. The unlawful-deduction and holiday-pay claims were therefore dismissed, while the respondent's counterclaim succeeded only to the extent of the £1,216 already withheld.