Claimant v The Car Group Ltd
Outcome
Individual claims
The tribunal found the respondent had unlawfully deducted wages in the amount of £768.61 for the period from 8 April 2024 to 1 May 2024. The respondent did not appear to defend the claim and the defence was struck out for non-compliance.
The tribunal found the claimant was victimised by dismissal contrary to s27 Equality Act 2010. The claimant was awarded compensation for lost wages representing 19 days' pay and injury to feelings of £5,000, indicating the tribunal accepted that the dismissal was an act of victimisation following a protected act.
The tribunal found the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. An award of two weeks' gross pay (£750) was made under s38 Employment Act 2002 as there were no exceptional circumstances making this unjust.
Facts
The claimant was employed by The Car Group Ltd until 1 May 2024. The respondent failed to pay the claimant's full wages for the period 8 April 2024 to 1 May 2024, resulting in a shortfall of £768.61. The claimant was dismissed in circumstances that amounted to victimisation contrary to the Equality Act 2010. The respondent also failed to provide the claimant with written employment particulars. The respondent did not appear at the hearing and their defence was struck out.
Decision
The tribunal struck out the respondent's defence for non-compliance and found all three claims well-founded. The claimant was awarded £768.61 for unlawful deduction of wages, £1017.83 for lost wages following victimisation dismissal, £5,000 injury to feelings for victimisation, and £750 for failure to provide written particulars, totaling £7,536.44.
Practical note
Non-appearance by a respondent can result in strike-out of the defence and default judgment on all claims, with the tribunal making awards based on the claimant's evidence alone.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 2403676/2024
- Decision date
- 19 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep