Claimant v Patrick O'Donnell
Outcome
Individual claims
The Tribunal found that the Third Respondent made unauthorised deductions from the Claimant's wages during the period from 2 April 2024 to 28 July 2024, totalling £9,674.72 gross.
The Tribunal found that the Third Respondent failed to pay the Claimant for annual leave accrued but untaken on termination. The Claimant was entitled to 10 days accrued leave, less two public holidays taken, leaving 8 days unpaid at £115.38 per day.
The claim was dismissed as the Claimant lacked the necessary qualifying service of two years to bring an unfair dismissal claim.
The claim was dismissed as the Claimant lacked the necessary qualifying service of two years to be entitled to a statutory redundancy payment.
Facts
The Claimant was employed by Warwick Square Developments Limited. His employment ended on 28 July 2024. During the period from 2 April 2024 to 28 July 2024, the Third Respondent made unauthorised deductions from his wages totalling £9,674.72. On termination, the Claimant had accrued 10 days of annual leave, of which he had taken only two public holidays, leaving 8 days unpaid. The Respondents did not attend or participate in the hearing.
Decision
The Tribunal found in favour of the Claimant on his wages and holiday pay claims against the Third Respondent, awarding a total of £10,621.76 gross. The unfair dismissal and redundancy claims failed because the Claimant did not have two years' qualifying service. Claims against the First and Second Respondents (individuals) were dismissed.
Practical note
Even without respondent participation, a claimant must still prove qualifying service for unfair dismissal and redundancy claims, but unlawful deduction of wages and holiday pay claims can succeed based on evidence presented.
Award breakdown
Case details
- Case number
- 2302762/2025
- Decision date
- 8 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No