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A haulier who refused to pay a driver for a
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journey to France because his vehicle had been damaged acted unlawfully. A Glasgow employment tribunal has ordered James King, trading as Andrews Haulage, of East Kilbride, to pay Derek Wallace £300 in wages withheld because of alleged damage to a vehicle driven by Wallace.
King did not enter a notice of appearance or attend the hearing.
Evidence was given that Wallace had worked for King between 15 and 22 December 2001. He had been recommended to King by a friend, Alan Goonery, who was already employed by King. Wallace was not given a contract of employment.
He completed two return journeys to Lochinver and one to France. He returned to King's yard on 22 December and asked for his wages for that journey. He was advised that Deanery had taken them.
When Wallace contacted Goonery he was asked to wait until after Christmas, to which he agreed. When he subsequently contacted Goonery he was told that King had refused to make a payment. Wallace contacted King, who confirmed that no payment would be made as there had been some damage to the diesel tank of the vehicle, Wallace had never at any time agreed to be responsible for any damage to the vehicle.
The tribunal said that Section 13 of the Employment Rights Act 1996 states: "An employer shall not make a deduction from wages of a worker employed by him unless; (a) The deduction is required or authorised to be made by virtue of a statutory provision or a relevant provision of the worker's contract; or bl The worker has previously signified in writing his agreement or consent to the making of the deduction,"
The tribunal said it accepted Wallace's evidence and found as a matter of fact that he was due £300 in wages from King for the journey to France, and that that sum had not been paid.