WM Morrisons Supermarkets plc

Case Summary

The claimant's unfair dismissal and wrongful dismissal claims were dismissed. The tribunal declared that the respondent made an unauthorized deduction from the claimant's wages for the final week of employment.

The unfair dismissal and wrongful dismissal claims were dismissed on their merits, but the unauthorized deduction from wages claim succeeded by consent, with the tribunal declaring the respondent had unlawfully deducted wages for the final week of employment.

• •unauthorized deduction from wages

Case: 1804177/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr K Smith Respondent: WM Morrisons Supermarkets PLC AT A HEARING Heard at: Leeds by CVP (online) On: 15 th . 16 th & 17 th May 2024 and 16 th , 17 th & 18 th December 2025 Before: Employment Judge Lancaster Members: T Downes G Corbett Representation Claimant: Days 1-3, Ms A Gumbs, counsel Days 4-6 in person Respondent: Ms C Urquhart, counsel JUDGMENT 1. By consent, it is declared that the Respondent had made an unauthorised deduction from wages in respect of the non-payment of salary (including an amount for any additional accrued holiday entitlement) for the final week of employment from 14 th to 20 th May 2021 - the now-agreed effective date of termination. 2. All other claims are dismissed REASONS 3. At the conclusion of submissions on Day 5 the parties were released so that the Tribunal could meet to deliberate in private on Day 6. Written Reasons are therefore now required for the unanimous decision reached. 4. The issues in this case were identified at a case management hearing before Employment Judge Schulman on 20 th October 2021. That list omits any reference to the alleged “something arising in consequence of disability” which is relied upon for the section 15 claim, but these are clearly set out within the ET1 itself at paragraphs 27 to 29. Inserting those original particulars the list of issues is therefore agreed. It is therefore reproduced as an endnote to this decision i . Case: 1804177/2021 2 5. Our conclusions on the respective claims are to be read in conjunction with that list of issues. The misconduct investigation 6. The Claimant had worked for the Respondent since 6 th January 2005, had been a store manager since 2010 and was currently based at Doncaster Balby when he was …