Claimant v Mobivape Ltd
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The complaint was well-founded.
The tribunal found the respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 in September 2024, breaching its statutory duty.
When proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars. The tribunal found no exceptional circumstances to avoid making an award under section 38 Employment Act 2002.
Facts
The claimant worked for Mobivape Ltd and their employment ended. The respondent failed to pay accrued but untaken holiday pay on termination. The respondent also failed to provide itemised pay statements in September 2024 and failed to provide written statement of employment particulars when proceedings began.
Decision
The tribunal found all claims well-founded. The respondent was ordered to pay £827.08 for unpaid holiday pay and £795.16 (equivalent to two weeks' gross pay) for failure to provide employment particulars under section 38 Employment Act 2002, totalling £1,622.24.
Practical note
Employers must provide itemised pay statements, written statements of employment particulars, and pay accrued holiday pay on termination, with statutory penalties applying for failures to provide required documentation.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008926/2025
- Decision date
- 2 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mobivape Ltd
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep