Claimant v Miramar Engineering Limited
Outcome
Individual claims
The tribunal found the claimant's claim for unlawful deduction of wages was not well-founded, meaning the tribunal determined the respondent had not made unauthorised deductions from the claimant's wages. The tribunal dismissed the claim after hearing oral evidence and considering the parties' submissions.
The tribunal found the claimant's claim for failure to provide written pay statements under ERA 1996 s.8 was not well-founded, meaning the respondent had either provided adequate pay statements or had a lawful reason for any deficiency. The claim was dismissed following a full merits hearing.
Facts
The claimant, Mr Mateusz Smialek, was employed by Miramar Engineering Limited, an engineering company. He brought claims relating to pay statements and wages. The respondent was represented by its owner, Gregory Pelling. The hearing proceeded remotely by video at Watford on 16 June 2025 before Employment Judge MJ Smith sitting alone.
Decision
The tribunal dismissed both of the claimant's claims. The tribunal found that the claim for failure to provide written pay statements was not well-founded, and the claim for unlawful deduction of wages was also not well-founded. Reasons were given orally at the hearing.
Practical note
Employment tribunals will dismiss wage-related claims where the claimant cannot establish on the balance of probabilities that the employer failed to comply with statutory obligations regarding pay statements or made unauthorised deductions.
Case details
- Case number
- 6015513/2024
- Decision date
- 9 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No