Claimant v Walkern Construction Limited
Outcome
Individual claims
The tribunal found that the complaint of unfair dismissal was well-founded. The claimant was unfairly dismissed by the respondent. The tribunal awarded both a basic award and compensatory award, indicating the dismissal was procedurally and/or substantively unfair.
The tribunal found the respondent made unauthorised deductions from wages regarding pension contributions not paid into the claimant's pension scheme from November 2022 to March 2024 inclusive, totalling £2,499 gross.
The tribunal found the respondent made an unauthorised deduction on 11 April 2024 consisting of unpaid wages for the period 12 March 2024 to 11 April 2024, 5 days of accrued but untaken holiday, and 12 weeks of payment in lieu of notice, totalling £8,316.04 gross.
Facts
The claimant was employed by Walkern Construction Limited and was dismissed on 11 April 2024. The respondent had failed to pay pension contributions from November 2022 to March 2024. Upon termination, the respondent failed to pay the claimant for his final month of work (12 March to 11 April 2024), 5 days of accrued holiday, and 12 weeks of notice pay. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on all claims. The dismissal was unfair, and the respondent had made multiple unauthorised deductions from wages including pension contributions and terminal payments. The tribunal awarded a total of £31,593.85 comprising basic and compensatory awards for unfair dismissal and wages owed.
Practical note
Employers who fail to attend tribunal hearings where claims include both unfair dismissal and significant wage deductions risk substantial awards, particularly where notice pay and pension contributions are outstanding.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305187/2024
- Decision date
- 9 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No