Mr Pincombe started his employment with Tesco on the 4th October 2019 and had his induction with five other colleagues. At around 6am on the 15th November 2019, Mr Pincombe realised that he had not been paid for a second time during his employment with Tesco and was relying on such money to pay his mortgage as well as other financial commitments that he had to meet.
As such Mr Pincombe, called the Tesco store and was told by the call handler that they would leave a note in the handover diary so that the day manager could liaise with their pay roll department about sorting this issue out for Mr Pincombe. After not hearing anything further, Mr Pincombe called the store later that morning but nobody knew anything about what he had raised earlier in the day. Mr Pincombe asked if someone could get back to him later that morning with an update but due to there being a further non-response to him and at around midday, Mr Pincombe went into the said store and asked a member of staff at the customer service desk why he had not been paid for any of the hours that he had worked for Tesco.
A member of the customer service desk then called the payroll office and a female came and spoke to Mr Pincombe who explained to the female what had happened and she said that she would call Mr Pincombe back at some point during the day after which she then took his mobile phone number, his account number as well as his sort code. Thankfully, Mr Pincombe received a call about an hour and a half or so later from the same female to say that she could see what had happened. Mr Pincombe was told that on his induction, his bank details had ‘somehow been logged on another colleague’s file’.
Mr Pincombe was then told by the female that she would have to contact this other colleague and he would then have to return the payment to them before they could then resend the payment to Mr Pincombe. Shortly after this, Mr Pincombe received another phone call from the same female to say that she had spoken to the recipient of his wages and that he would then transfer the money directly to Mr Pincombe because he had been given the Claimant’s bank details from this said female and such monies showed up in Mr Pincombe’s account shortly afterwards.
Following what had happened, Mr Pincombe then sought expert representation from Mr McConville not only because of the disclosure of his financial details to a third party but also the insecure keeping of the same when initially logging them onto another colleague’s file. Without hesitation, Mr McConville offered to act for Mr S on a no win, no fee basis and once instructed, Mr McConville lodged a complaint to Tesco.
In response, Tesco accepted they had provided Mr Pincombe’s bank details to the other colleague for the purpose to enable that other colleague to transfer the sums mistakenly paid to him which ought to have been paid to Mr Pincombe. Tesco suggested that Mr Pincombe gave informed consent for this to happen which was strongly disputed by Mr Pincombe. Tesco’s ‘evidence’ to support these false assertions comprised only of a contemporaneous handwritten post-it note of this speculated discussion which was conveniently destroyed.
As Tesco were attempting to hide behind their failings, Mr McConville sent a Letter of Claim to them as they had clearly provided Mr Pincombe’s bank details to another colleague and also filed the same upon the said colleague’s personnel records too in error. Mr Pincombe had an admission that these things happened and Tesco’s only evidence to confirm that Mr Pincombe’s consent was given to enable them to do what they was on a handwritten post-it note which has been destroyed; there was no further evidence to support Tesco’s version of events.
Mr McConville specifically alleged that Tesco had not kept Mr Pincombe’s sensitive information safe and secure, they had breached / invaded his privacy under the Human Rights Act, had breached the Data Protection Act 2018/the General Data Protection Regulation (GDPR) as well as confidence following their misuse of private information pertaining to Mr Pincombe.
Following receipt of this Letter of Claim and without admitting liability, Tesco instructed Solicitors whom confirmed that they wished to settle Mr Pincombe’s claim. As such, Tesco offered Mr Pincombe £250.00 including his legal costs to settle his claim. In response and following Mr McConville’s advice, Mr Pincombe rejected the same and informed Tesco that he was now going to commence formal legal proceedings. Before doing so, Mr McConville engaged in various without prejudice discussions with Tesco regarding settlement and eventually managed to secure Mr Pincombe a global settlement of £6,750.00.