Claimant v Heath Electrical Services MK Limited
Outcome
Individual claims
The Tribunal found that the Respondent was obliged to pay £2877.66 gross (£2130.08 net after PAYE, pension and Student loan) to the Claimant in September 2023 and failed to pay anything. This constituted an unauthorised deduction from wages.
The Respondent's director sent an email on 18/11/2024 withdrawing the employer's contract claim. The Tribunal dismissed the employer's contract claim (case number 3311480/2024) on withdrawal. In the alternative, if the email did not constitute withdrawal, the claim was dismissed under Rule 47 for non-pursuit.
Facts
The Claimant brought a claim for unauthorised deduction of wages against Heath Electrical Services MK Limited, a company in voluntary liquidation. The Respondent failed to pay the Claimant £2877.66 gross (£2130.08 net) in September 2023. The Respondent had also brought an employer's contract claim against the Claimant, but withdrew it by email in November 2024. The Respondent did not appear at the hearing.
Decision
The Tribunal found in favour of the Claimant on the unauthorised deduction of wages claim and ordered the Respondent to pay £2877.66 gross. The Tribunal dismissed the employer's contract claim on withdrawal, or alternatively under Rule 47 for non-pursuit if the withdrawal was invalid.
Practical note
Even when a company is in liquidation and fails to attend a hearing, the Tribunal will still determine employee claims on their merits and make appropriate awards for unpaid wages.
Award breakdown
Case details
- Case number
- 3311847/2023
- Decision date
- 8 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No