Claimant v Palletways (UK) Limited

Outcome

Facts

The claimant, a driver employed by Palletways (UK) Limited since July 2020, reversed into a bollard on 25 March 2024, causing significant damage to the respondent's vehicle including to the step box, bumper, spoiler, corner bumper, step plates and fog light. The respondent repaired the vehicle at a cost of £1,842.43 and deducted £1,000 (the insurance excess) from the claimant's wages at £30 per week starting 19 April 2024. The claimant challenged the deductions, arguing the contractual term was unclear and that the deductions exceeded the true cost of repairs attributable to his accident.

Decision

The tribunal dismissed the claim. Employment Judge Wyeth held that the respondent had a clear contractual right under an express written term in the claimant's employment contract to deduct the cost of repairing damage to company property caused by the claimant. The judge found the claimant was solely responsible for the damage caused by his negligent accident, the repair invoice related only to that damage, and the £1,000 deduction (limited to the insurance excess) was well within the scope of the legitimate repair costs of £1,842.43. The deduction was therefore authorised and lawful.

Practical note

Legal authorities cited