Claimant v Scott James Saunders
Outcome
Individual claims
The tribunal found that the respondent made a series of unauthorised deductions from the claimant's pay over the period September 2023 to January 2025, in breach of Part II of the Employment Rights Act 1996. The claim was well founded.
The tribunal determined that the claimant was paid below the prevailing rates set by the National Minimum Wage Regulations 2015 for the period September 2023 to January 2025. The claim was well founded.
The tribunal found that the respondent failed to pay the claimant for 1.6 days of accrued but untaken holiday on termination of employment, in breach of The Working Time Regulations 1998. The claim was well founded.
The respondent dismissed the claimant without notice, constituting breach of contract. Further, the wrongful termination of the claimant's apprenticeship gave rise to substantial damages for lost earnings until the anticipated end date of July 2026 and for potential impact on future prospects.
The tribunal found that the respondent failed to provide the claimant with payslips as required by the Employment Rights Act 1996, and made a declaration to this effect.
The respondent was in breach of his duty under s38 Employment Act 2002 to give the claimant a written statement of employment particulars. The tribunal awarded 2 weeks' gross pay as required by s38(4)(a).
Facts
The claimant was employed as an apprentice by the respondent from approximately September 2023. Throughout the employment, the respondent made unauthorised deductions from wages, paid below national minimum wage rates, and failed to provide payslips or written statement of particulars. The respondent dismissed the claimant without notice in January 2025, wrongfully terminating the apprenticeship which was due to continue until July 2026. The claimant was not paid for accrued holiday on termination. The respondent did not attend the hearing.
Decision
The tribunal found all claims well founded. The respondent was ordered to pay £9,745.22 for unlawful deductions and national minimum wage underpayments, £164.74 for unpaid holiday, £1,029.60 for failure to provide written particulars, and £22,000 for wrongful termination of the apprenticeship contract including lost earnings and impact on future prospects. A declaration was made regarding failure to provide payslips.
Practical note
Employers who fail to meet basic employment law obligations regarding pay, payslips, and contracts face significant liability, particularly when wrongfully terminating an apprenticeship which can give rise to substantial damages for both lost earnings during the remaining term and impact on future career prospects.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3302377/2025
- Decision date
- 13 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Role
- Apprentice
- Service
- 1 years
Claimant representation
- Represented
- No