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Driver awarded £22 in back pay
Page 16
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A Glasgow employment tribunal has upheld a firm's right to reclaim overpayments from its employees without their permission, but still awarded a driver £22 in back pay.
David Keay of Yoker. Glasgow, had been seeking to recover money he claimed he was owed for working a week in hand and in respect of holiday pay from Charles Kennedy, trading as Cahill Kennedy Transport, of Bishopriggs, The Trihunal was told that Keay had been employed for eight weeks before he resigned on 21 February.
There was no written statement of the terms of employment but it was verbally agreed that he would work Monday to Friday and that he would receive 20 days' paid holiday a year. If he did not work he would not be paid. He had a basic weekly wage of 1430, with an average net of 1365, payable on a Friday, working one week in hand.
On 7 January Keay told Kennedy that he was resigning with effect from 11 January and he worked four days that week, being paid On 4 January Keay had been paid £356.53, which included three days' holiday pay plus three days Christmas holidays. Keay received a final wage of £90.74 on 18 January-186 for one day's pay plus a tax refund.
After he left the firm, Keay telephoned Kennedy to discuss unpaid wages, later calculated to £22. Kennedy told him that the final wages had not yet been made up but there would be a deduction of one day which he had taken off during the previous week. There would also be a recovery of three days' holiday pay as Keay had been paid for six days when he was only entitled to three. Kennedy conceded that there was no written consent.
The Tribunal said that it was satisfied that Kennedy had failed to pay Keay 122 to which he was entitled.
However, it accepted the evidence that Keay was overpaid for three days' holiday and that Kennedy was entitled to recover that, ruling that as it was not a deduction it therefore did not need Keay's consent.
• See Money Matters, page 26.