Claimant v Cheshire Local Business Limited
Outcome
Individual claims
The claimant worked half a day on 12 February 2024 but was only paid for 7 days in February. The tribunal found he was entitled to payment for the additional half day in the sum of £40.38 gross.
The claimant was entitled to 4 days holiday pay for the 2024 holiday year (calculated as 6 weeks worked = 0.125 of year x 30 days). He took 3 days, leaving 1 day accrued but unpaid at termination, worth £80.77 gross.
The respondent lawfully deducted £313.00 for the cost of replacing a car park permit which the claimant failed to return. This deduction was authorised by an express written term in the Deductions from Pay Agreement signed by the claimant on 2 October 2023.
The claimant claimed commission payments due at end of February 2024, but his contract stated commission was only payable if he remained in employment when payment fell due. He had been dismissed on 12 February 2024, so was not entitled to commission.
The claimant was paid one week's pay in lieu of notice (£417.04 net) which was the correct contractual entitlement. The claim for any additional notice pay was unsuccessful.
Facts
The claimant was employed from 2 October 2023 to 12 February 2024, dismissed during his probationary period. He worked half a day on 12 February before being summarily dismissed and paid one week's notice pay. He was not paid for that final half day. He failed to return a car park permit costing £313 to replace, which the respondent deducted from his final wages. He claimed unpaid wages, holiday pay, commission and notice pay.
Decision
The tribunal awarded the claimant £40.38 for the unpaid half day on 12 February and £80.77 for accrued holiday pay. The £313 deduction for the unreturned car park permit was lawful under the signed deductions agreement. The commission claim failed because the contract required the claimant to be in employment when payment fell due. The notice pay claim failed because he had been paid correctly.
Practical note
Contractual deductions from wages are lawful if expressly agreed in writing, and commission clauses requiring the employee to be in post when payment falls due are enforceable even where dismissal occurs shortly before the payment date.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2402195/2024
- Decision date
- 28 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 4 months
Claimant representation
- Represented
- No