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 1 April 2024 to 12 November 2024, totalling £22,200 in gross deductions which should not have been made.
The tribunal found that the third respondent failed to pay the claimant for annual leave accrued but untaken on termination. The claimant had accrued 19 days, took four public holidays, leaving 15 days unpaid at £138.50 per day.
The tribunal found that the third respondent breached the claimant's contract of employment and awarded damages of £34.80 for the breach, though the specific nature of the breach is not detailed in the judgment.
The claim was dismissed because the claimant lacked the necessary qualifying service of two years to bring an unfair dismissal claim under the Employment Rights Act 1996.
The claim was dismissed because the claimant lacked the necessary qualifying service of two years to be entitled to a statutory redundancy payment.
Facts
Mrs Baker brought claims against three respondents including her employer, Warwick Square Developments Limited, and two individuals. Her employment ended on 12 November 2024. During her employment from April 2024, the company made unauthorised deductions from her wages totalling £22,200. She also had accrued but untaken annual leave at termination. None of the respondents attended the hearing.
Decision
The tribunal upheld the claimant's claims for unlawful deduction of wages (£22,200), unpaid holiday pay (£2,077.50), and breach of contract (£34.80) against the third respondent company. The claims for unfair dismissal and redundancy payment failed due to lack of qualifying service. Claims against the two individual respondents were dismissed.
Practical note
Employees with less than two years' service cannot claim unfair dismissal or redundancy pay, but can still succeed in claims for unpaid wages, holiday pay, and breach of contract where evidence supports the claims, even in default judgments.
Award breakdown
Case details
- Case number
- 2302760/2025
- Decision date
- 8 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No