Claimant v GS Plumbing, Heating & Gas Ltd
Outcome
Individual claims
The tribunal found that the claimant was due 6.5 days' unpaid wages when his employment ended. The respondent claimed it was entitled to withhold payment due to alleged poor workmanship and breach of contract, but provided no evidence of the nature or cost of any remedial work. The tribunal was not satisfied that the respondent was entitled to make deductions and withhold lawfully due wages.
The claimant had accrued 9 days' annual leave during his 4-month employment, had taken 4 days, leaving 5 days unpaid when his employment ended. The tribunal found the respondent had no lawful basis to withhold this payment, as it failed to provide evidence to justify the deductions it sought to make under the contract.
Facts
The claimant worked as a Plumber/Gas Engineer for the respondent from 19 August 2024 to 10 December 2024. After the respondent proposed a salary reduction which the claimant rejected, it was agreed his employment would end on 20 December 2024. However, the claimant left early on 10 December without working his full notice period. The respondent refused to pay outstanding wages and holiday pay, alleging it was entitled to make deductions for poor workmanship and breach of contract.
Decision
The tribunal found the claims well-founded. The respondent provided no evidence of the nature or cost of any remedial work allegedly required due to poor workmanship. The tribunal noted the respondent had ample opportunity to provide such evidence but failed to do so. The tribunal awarded the claimant £1,249.95 for unlawful deduction of wages (6.5 days) and £961.50 for accrued holiday pay (5 days).
Practical note
Employers cannot rely on contractual deduction clauses without providing evidence to justify the deductions, particularly where positive performance feedback was previously given and no contemporaneous documentation of alleged poor work exists.
Award breakdown
Award equivalent: 2.3 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 4100118/2025
- Decision date
- 8 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Plumber/Gas Engineer
- Salary band
- £50,000–£60,000
- Service
- 4 months
Claimant representation
- Represented
- No