Mr J O’Hara v XPO Supply Chain UK Ltd: 4107762/2020
| Judgment Date | 24 February 2021 |
| Citation | 4107762/2020 |
| Published date | 22 April 2021 |
| Court | Employment Tribunal |
| Subject Matter | Unlawful Deduction from Wages |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4107762/2020 (V)
Held in Aberdeen by CVP on 16 February 2021
Employment Judge Murphy (sitting alone)
Mr J O’Hara Claimant
Represented by
Ms D Flanigan -
Solicitor
XPO Supply Chain UK Ltd Respondent
Represented by
Mr T Doyle -
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
1. The Respondent made an unauthorised deduction from wages contrary to section 13
of the Employment Rights Act 1996 and is ordered to pay to the Claimant the sum of
£336.72 (gross) in respect of a series of deductions in the period from February 2019
to August 2020.
2. The sum awarded in item 1 above is expressed gross of tax and national insurance. It
is for the Respondent to make any deductions lawfully required to account to HMRC
for any tax and national insurance due on the sums, if applicable. The sum awarded in
item 3 should be paid to the Claimant net of any deductions.
4107762/2020 (V) Page 2
REASONS
Introduction
1. The Claimant brings a claim in relation to unpaid shift allowances throughout the period
of his employment for shifts he worked which straddled the hour between 6 and 7 am,
or part thereof, but which commenced before 6 am.
2. The parties agree that, for the most part, no shift allowance was paid for time worked
between 6 and 7 am in circumstances where the Claimant’s shift commenced prior to
6 am.
3. The parties agree that, if the Claimant were entitled to receive shift allowance payments
in such circumstances, the sum unlawfully deducted from his wages would be £336.72
(gross) across the period of his employment.
4. The Claimant claims a contractual entitlement to be paid the shift allowance on
occasions when he worked between the hours of 6 and 7 am, having started earlier.
The Respondent denies such an entitlement is conferred by the Claimant’s contract of
employment.
Issue to be determined
5. The issue for determination by the tribunal is:
a. Was the Claimant contractually entitled to be paid a shift allowance pertaining
to time worked between 6 and 7 am in circumstances where the Claimant’s
shift began prior to 6 am but ended after that time?
Findings in Fact
6. The tribunal made the following findings in fact.
7. The Claimant was employed by the Respondent from 11 February 2019 to 11 August
2020. At all material times, he was employed as a Class 2 Driver. He worked for the
Respondent on their Iceland contract at the Livingston site and transported ambient
frozen and chilled goods on Iceland routes.
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