Claimant v RSK Transport Limited
Outcome
Individual claims
The tribunal found that the first respondent made an unauthorised deduction from the claimant's pay in respect of the period 5 August 2024 to 9 August 2024 contrary to Part II Employment Rights Act 1996. The respondent was ordered to repay the gross sum of £836.50 that had been deducted.
The tribunal found that the first respondent failed to pay the claimant's nights out expenses incurred on 5, 6, 7 and 8 August 2024 in breach of contract. The respondent was ordered to pay £120 representing these unpaid expenses.
The tribunal found that the first respondent made an unauthorised deduction from the claimant's pay by failing to pay holiday pay. The respondent was ordered to pay the gross sum of £1,146.64 representing the unpaid holiday pay entitlement.
Facts
The claimant, Mr Bowie, was employed by RSK Transport Limited as a driver. He brought claims against three transport companies but the tribunal found only RSK Transport Limited was his employer. The claimant claimed he suffered unauthorised deductions from his wages for the period 5-9 August 2024, was not paid nights out expenses for four nights in August 2024, and was not paid accrued holiday pay.
Decision
The tribunal found all three of the claimant's claims against the first respondent (RSK Transport Limited) to be well-founded. The respondent was ordered to pay £836.50 for the unauthorised wage deduction, £120 for unpaid expenses, and £1,146.64 for holiday pay. The claims against the second and third respondents were dismissed as they were not the claimant's employer.
Practical note
Transport companies must ensure they correctly pay drivers' wages, contractual expenses such as nights out allowances, and accrued holiday pay, or face successful unlawful deduction and breach of contract claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6014187/2024
- Decision date
- 2 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- driver
Claimant representation
- Represented
- No