Claimant v MC DFS LTD
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period from February 2025 to March 2025, totalling £1440 gross. The respondent did not attend or submit a response to defend the claim.
The respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 for the period from November 2024 to March 2025. The tribunal found unnotified deductions totalling £600 in the 13 weeks prior to the claim and awarded this amount.
The respondent was in breach of its duty to provide a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances to make an award unjust or inequitable and awarded two weeks' gross pay (£1200) under section 38 Employment Act 2002.
Withdrawn by claimant.
The breach of contract claim was dismissed by the tribunal without detailed reasoning provided in this judgment.
Facts
The claimant brought claims against their employer for unauthorised deductions from wages totalling £1440 in February-March 2025, failure to provide itemised pay statements from November 2024 to March 2025 with unnotified deductions of £600, and failure to provide a written statement of employment particulars. The respondent did not attend the hearing or submit a response. The claimant also brought claims for breach of the National Minimum Wage Act and breach of contract.
Decision
The tribunal found in favour of the claimant on the wage deduction claim (£1440), the pay statement claim (£600), and awarded two weeks' gross pay (£1200) for failure to provide employment particulars. The National Minimum Wage claim was withdrawn and the breach of contract claim was dismissed. Total award: £2,040.
Practical note
Default judgments for wage claims can encompass multiple statutory breaches including failures to provide pay statements and employment particulars, with awards available under section 38 Employment Act 2002 even where the primary claim succeeds.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6021374/2025
- Decision date
- 25 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- MC DFS LTD
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No