Cases6003330/2025

Claimant v Nanoplexus Solutions Limited

13 June 2025Before Employment Judge Phil AllenManchesterremote video

Outcome

Claimant succeeds£27,702

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent made unauthorised deductions from the claimant's wages from 30 March 2024 until October 2024. Save for one small payment, the respondent failed to pay the claimant the payments due. The respondent conceded the claim in the net amount and the tribunal awarded the full gross amount.

Holiday Paysucceeded

The complaint in respect of holiday pay was well-founded. The respondent conceded the claim in full for accrued but untaken annual leave at the end of employment.

Breach of Contractsucceeded

The respondent failed to pay pension contributions as required under the employment contract. The respondent conceded the claim and the tribunal awarded damages for this breach.

Breach of Contractsucceeded

The claimant was entitled to notice pay following his resignation. The respondent conceded the claim and the tribunal awarded damages for breach of contract regarding notice pay.

Facts

The claimant was employed as Principal Scientist from 1 March 2024 until his resignation on 31 October 2024. Save for one small payment, the respondent failed to pay the claimant any wages, holiday pay, pension contributions, or notice pay throughout his employment and after resignation. The respondent did not submit a response but attended the hearing through a consultant representative.

Decision

The tribunal found all claims well-founded. The respondent conceded liability on all claims. The tribunal awarded gross amounts for unauthorised deductions from wages (£21,708.32), holiday pay (£2,221.15), pension contributions (£564.55), and notice pay (£3,208.34). The claimant's costs application was refused as the respondent had not acted unreasonably in the conduct of proceedings, despite the egregious failure to pay wages.

Practical note

Employers who completely fail to pay employees are liable for the full gross amounts owed, and while such conduct is egregious, costs will not be awarded unless the conduct of proceedings themselves is unreasonable.

Award breakdown

Notice pay£3,208
Holiday pay£2,221
Unpaid wages£21,708
Pension loss£565

Case details

Case number
6003330/2025
Decision date
13 June 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
lay rep

Employment details

Role
Principal Scientist
Service
8 months

Claimant representation

Represented
No