Claimant v Mr A Ellaway
Outcome
Individual claims
The tribunal found that the Respondent made unauthorised deductions from the Claimant's wages between 1 December 2024 and 3 March 2025. The Claimant was entitled to full payment of wages and the deductions were unlawful under the Employment Rights Act 1996.
The tribunal determined that the Respondent failed to pay the Claimant for annual leave that had accrued but remained untaken upon termination of her employment on 3 March 2025, in breach of the Working Time Regulations 1998.
The tribunal found that the Respondent failed to provide the Claimant with a written statement of employment particulars as required under s.1 of the Employment Rights Act 1996, entitling the Claimant to an award of two weeks' pay.
Facts
The Claimant was employed by the Respondent (an individual employer) until 3 March 2025. During her employment from 1 December 2024 to termination, the Respondent made unauthorised deductions from her wages totalling £2,009.38. The Respondent also failed to pay her for accrued but untaken annual leave and did not provide her with a written statement of employment particulars.
Decision
The tribunal upheld all of the Claimant's claims. It ordered the Respondent to pay £2,009.38 in unpaid wages, £324.09 for unpaid holiday pay, and £462.98 (two weeks' pay) as a penalty for failing to provide written employment particulars, totalling £2,796.45.
Practical note
Employers, including individual employers, must comply with basic employment law obligations including paying wages in full, paying accrued holiday pay on termination, and providing written terms and conditions.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6015212/2025
- Decision date
- 14 August 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mr A Ellaway
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No