Claimant v Waste Managed Limited
Outcome
Individual claims
The tribunal found that the respondent did not make unauthorised deductions from the claimant's wages by failing to pay overtime pay. The claim under section 13 of the Employment Rights Act 1996 relating to overtime was not well founded.
The tribunal dismissed the claimant's unfair dismissal complaint under both section 103A (whistleblowing) and section 98 (ordinary unfair dismissal) of the Employment Rights Act 1996, finding the complaint not well founded.
The tribunal found that the claimant's complaint of automatic unfair dismissal under section 103A of the Employment Rights Act 1996 (whistleblowing) was not well founded and dismissed it.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in January 2024 by failing to pay him his salary. This claim under section 13 of the Employment Rights Act 1996 was well founded and succeeded.
Facts
The claimant, C Philoxenides, brought claims against Waste Managed Limited for unlawful deductions from wages (relating to unpaid overtime and unpaid salary in January 2024), unfair dismissal, and automatic unfair dismissal for whistleblowing. The claimant represented himself while the respondent was represented by counsel. The hearing took place over five days in Newcastle.
Decision
The tribunal dismissed the claimant's claims for unpaid overtime, unfair dismissal, and whistleblowing dismissal. However, the tribunal upheld the claim that the respondent made an unauthorised deduction from wages in January 2024 by failing to pay the claimant's salary.
Practical note
Even where a claimant fails on the principal claims of unfair dismissal and whistleblowing, specific wage payment failures can still succeed under section 13 ERA 1996.
Legal authorities cited
Statutes
Case details
- Case number
- 2501269/2024
- Decision date
- 13 June 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No