Claimant v Vivo Medical Services Limited
Outcome
Individual claims
The claimant was not paid for work done in August 2023 (nine days at eight hours per day) and September 2023 (nine days at eight hours per day), nor during her notice period to 9 November 2023. The tribunal found these were unauthorised deductions from wages at national minimum wage rate.
The tribunal found the claimant had not been paid at the national minimum wage rate of £10.42 per hour for the work performed in August and September 2023, and for amounts due during the notice period.
The tribunal found the dismissal was unfair. The respondent did not attend or participate in the hearing to provide any defence or justification for the dismissal, and the tribunal upheld the claim.
Facts
The claimant worked for the respondent medical services company but was not paid for work done in August and September 2023 (nine days each month at eight hours per day) and received no pay during her six-week notice period to 9 November 2023. The claimant was pregnant and subsequently on maternity leave. The respondent did not attend or participate in the final hearing on 26 June 2025.
Decision
The tribunal found in favour of the claimant on all claims: unauthorised deduction from wages, failure to pay national minimum wage, and unfair dismissal. The tribunal awarded £8,214.00 for part one of the remedy, covering unpaid wages at national minimum wage rate, notice pay, basic award for unfair dismissal, compensatory award for loss of earnings, and loss of statutory rights. A second remedy hearing was listed to consider further compensation including statutory maternity pay loss and future earnings.
Practical note
Where a respondent fails to attend a hearing, the tribunal can proceed to make findings and awards based on the claimant's uncontested evidence, including calculating unpaid wages at national minimum wage rates and awarding compensation for unfair dismissal and related losses.
Award breakdown
Case details
- Case number
- 2401954/2024
- Decision date
- 27 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Service
- 6 months
Claimant representation
- Represented
- No