Claimant v Barker's (Cambridge) Limited
Outcome
Individual claims
The Respondent made unauthorised deductions from the Claimant's wages by failing to pay his salary for the period 21/9/2024 to 3/10/2024. The tribunal calculated 13 days of unpaid net salary at £92.50 per day totalling £1202.50.
The Respondent was in breach of contract by dismissing the Claimant without notice. The Claimant was entitled to 1 month contractual notice (31 days) which was not provided or paid. Damages included salary and holiday pay for the notice period.
The Respondent was in breach of contract by failing to pay the Claimant's employer pension contributions at the required rate of 3% on qualifying earnings. Contributions were owed for the entire employment period from 22/4/2024 to 3/10/2024 plus the notice period.
The Respondent failed to provide the Claimant with itemised payslips for the months of August, September and October 2024 in breach of section 12 Employment Rights Act 1996. However, no separate award was made for this breach.
Facts
Mr Spinks was employed by Barker's (Cambridge) Limited from 22 April 2024 to 3 October 2024 on a salary of £42,000 per annum with a 1 month contractual notice period. The Respondent failed to pay his salary from 21 September 2024, dismissed him without notice on 3 October 2024, failed to make required employer pension contributions throughout his employment, and failed to provide itemised payslips for August, September and October 2024. The Respondent did not attend the hearing and the tribunal proceeded in their absence under rule 47.
Decision
The tribunal found in favour of the claimant on all claims. The Respondent was ordered to pay £6,145.43 comprising unpaid wages for 13 days (£1,202.50), damages for wrongful dismissal including notice pay and holiday pay (£3,052.50), unpaid employer pension contributions (£661.34), plus a 25% ACAS code uplift (£1,229.09) for failing to follow proper procedures.
Practical note
Employers who fail to attend tribunal hearings risk default judgments, and systematic failures to comply with basic employment obligations (wages, notice, pensions, payslips) will attract ACAS code uplifts across all awards.
Award breakdown
Award equivalent: 7.6 weeks' gross pay
Adjustments
25% uplift applied across all awards for failure to follow the ACAS code of practice on disciplinary and grievance procedures
Legal authorities cited
Statutes
Case details
- Case number
- 6023551/2024
- Decision date
- 14 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
- Salary band
- £40,000–£50,000
- Service
- 5 months
Claimant representation
- Represented
- No