Claimant v Adaline Recruitment Limited
Outcome
Individual claims
The tribunal found that the respondent unlawfully failed to pay the claimant wages in respect of 24.75 hours worked in May 2024 at £11.50 per hour. The complaint of unauthorised deductions from wages was well-founded under section 13(1) Employment Rights Act 1996.
The respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances making an award unjust or inequitable, and awarded two weeks' pay under section 38 Employment Act 2002.
Facts
The claimant worked for Adaline Recruitment Limited on a part-time basis, with an arrangement to work a maximum of 10 hours per week at £11.50 per hour. In May 2024, the respondent failed to pay the claimant for 24.75 hours of work performed. The respondent also failed to provide the claimant with a written statement of employment particulars. The claimant brought proceedings for unlawful deduction of wages and for the failure to provide employment particulars. The respondent did not attend the hearing.
Decision
The tribunal found both claims well-founded. The respondent was ordered to pay £284.63 for unpaid wages and £230 for failing to provide a written statement of employment particulars. The tribunal refused the claimant's application for injury to feelings and aggravated damages totalling £10,519. However, costs of £1,500 were awarded against the respondent for acting unreasonably in defending a claim with no reasonable prospect of success.
Practical note
Employers who fail to pay wages and provide statutory employment particulars face not only compensation for those failures but may also be ordered to pay costs where their defence has no reasonable prospect of success.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6016095/2024
- Decision date
- 27 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
Claimant representation
- Represented
- No