Cases→6007062/2024

Claimant v Freightport Logistics Limited

11 June 2025Before Employment Judge McGoughBirminghamremote video

Outcome

Partly successful£704

Individual claims

Unlawful Deduction from Wagespartly succeeded

The tribunal found that the claimant was entitled to wages for 1-9 May 2024 when she worked. The respondent made an unauthorised deduction because it failed to prove the claimant caused the alleged losses through carelessness or neglect. However, the claim for SSP for 10-24 May 2024 failed because the claimant did not follow the contractual sickness reporting procedures which required telephone notification to her manager or another manager.

Facts

The claimant was a Team Leader employed by a freight and logistics company for over 5 years. She resigned in April 2024 with a 5-week notice period ending 24 May 2024. She worked until 9 May 2024 when she became ill. The respondent discovered alleged errors causing losses of £21,760 and deducted £600 from her final pay. The claimant also claimed SSP for 10-24 May 2024 but had not followed the contractual sickness reporting procedure which required telephone notification to her manager.

Decision

The tribunal found the claimant succeeded in her claim for unpaid wages for 1-9 May 2024 as the respondent failed to prove she caused the alleged losses through carelessness or neglect, making the deduction unauthorised. However, her claim for SSP failed because she did not comply with the clear contractual requirement to report sickness absence by telephone. The claimant was awarded £704.19 gross.

Practical note

Employers must provide clear evidence to justify wage deductions under contractual clauses, especially where carelessness or neglect is alleged; employees must strictly comply with contractual sickness reporting procedures to be entitled to SSP.

Award breakdown

Unpaid wages£704

Award equivalent: 1.3 weeks' gross pay

Legal authorities cited

Agarwal v Cardiff University and anor [2019] ICR 433Fairfield Ltd v Skinner [1992] ICR 836Yorkshire Maintenance Company Ltd v Farr EAT/0084/09Guthrie v Scottish Courage EAT/0788/03New Century Cleaning Co Ltd v Church [2000] IRLR 27Delaney v Staples (t/a De Montfort Recruitment) [1991] ICR 331

Statutes

ERA 1996 s.23ERA 1996 s.13Trade Union and Labour Relations (Consolidation) Act 1992 Sch A2ERA 1996 s.13(3)ERA 1996 s.13(1)

Case details

Case number
6007062/2024
Decision date
11 June 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Freightport Logistics Limited
Sector
logistics
Represented
Yes
Rep type
lay rep

Employment details

Role
Team Leader
Salary band
£25,000–£30,000
Service
5 years

Claimant representation

Represented
No
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