Claimant v Mr Craig McIsaac
Outcome
Individual claims
The tribunal issued judgment under rule 22 as no response was presented. The respondent unlawfully deducted wages in three respects: unpaid holiday pay across 2022-2024, unpaid wages for five weeks from March to April 2024, and tax deductions that were not remitted to HMRC.
The claimant was owed holiday pay totalling £2,880 across three years. In 2022, £288 was unpaid (24 hours at £12/hour). In 2023, she was underpaid £1,536 as leave was paid at incorrect rates. In 2024, 10 days of leave totalling £1,056 was unpaid at varying hourly rates.
The respondent failed to pay wages for five weeks from 11 March to 16 April 2024, totalling £2,400 based on 40 hours per week at £12 per hour. This was a clear breach of contract.
Facts
Miss Laird was employed by Mr McIsaac for approximately 69 weeks from late 2022 to April 2024, working 40 hours per week at £12 per hour. Over the course of her employment, she was underpaid holiday entitlement in 2022, 2023, and 2024 at various incorrect rates. She was not paid wages at all for the final five weeks from 11 March to 16 April 2024. Additionally, the respondent deducted £75.79 per week from her wages for tax purposes but failed to remit these deductions to HMRC over the 69-week period.
Decision
The tribunal issued judgment under rule 22 after the respondent failed to present a response or appear. The claimant succeeded in her claims for unlawful deduction of wages, unpaid holiday pay, and arrears of pay. The respondent was ordered to pay £10,709.51 gross comprising holiday pay, unpaid final wages, and tax deductions that were wrongfully withheld.
Practical note
Employers who deduct tax from employees' wages but fail to remit it to HMRC may be ordered to repay those deductions to the employee, in addition to any unpaid wages and holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8001403/2024
- Decision date
- 13 June 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Name
- Mr Craig McIsaac
- Sector
- other
- Represented
- No
Employment details
- Service
- 1 years
Claimant representation
- Represented
- No