Cases3302377/2025

Claimant v Scott James Saunders

13 November 2025Before Employment Judge HarrisonReadingin person

Outcome

Claimant succeeds£32,940

Individual claims

Unlawful Deduction from Wagessucceeded

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.

National Minimum Wagesucceeded

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.

Holiday Paysucceeded

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.

Breach of Contractsucceeded

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.

Othersucceeded

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.

Othersucceeded

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

Holiday pay£165
Unpaid wages£9,745

Legal authorities cited

Statutes

ERA 1996 Part IINational Minimum Wage Regulations 2015Working Time Regulations 1998Employment Act 2002 s38

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