Claimant v Axis Chiropractic Newport Ltd
Outcome
Individual claims
The tribunal found the claimant's claim for victimisation was not well-founded and dismissed it. No further reasoning is provided in this judgment document.
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 claim was well-founded and the claimant was awarded compensation.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under section 38 Employment Act 2002, resulting in an award of two weeks' gross pay.
Facts
The claimant was employed by a chiropractic healthcare company and brought claims for victimisation and holiday pay. The employment ended without the claimant being paid for accrued but untaken holidays. The respondent had also failed to provide a written statement of employment particulars when the claim was filed.
Decision
The tribunal dismissed the victimisation claim but upheld the holiday pay claim, awarding £1,301.51 for unpaid accrued holidays. The tribunal also made an award of two weeks' gross pay (£347.23) under section 38 Employment Act 2002 for the respondent's failure to provide written employment particulars.
Practical note
Employers must ensure they pay all accrued holiday pay on termination and provide written statements of employment particulars, as failure to do so will result in statutory awards even if other claims fail.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1604163/2024
- Decision date
- 22 August 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep