Claimant v Linkilaw Solicitors Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages by failing to pay for holidays accrued but not taken on the date employment ended. The respondent did not contest this claim.
The tribunal found the respondent made unauthorised deductions from wages in the period 01 January 2024 to 17 October 2024, including unpaid back pay, gardening leave pay, and commission payments. The respondent accepted the sums were due and did not contest the claims.
The tribunal found the breach of contract claim for notice pay was well-founded. The amount owed was £30,000 but was limited to the statutory cap of £25,000 for breach of contract claims in the Employment Tribunal.
The claimant withdrew her claim for sums outstanding under the DPO contract, taking note of the remedy cap on breach of contract claims of £25,000.
Facts
The claimant was employed by a law firm and her employment ended on 17 October 2024. She brought claims for unpaid holiday pay, notice pay, and various unlawful deductions from wages including back pay, gardening leave pay, commission, and amounts under a Data Protection Officer contract. The respondent accepted most claims were due but had failed to pay. The respondent also failed to meet disclosure obligations and unsuccessfully applied to strike out the claims.
Decision
The tribunal found all contested claims well-founded. The respondent was ordered to pay £63,809.70 comprising holiday pay, unpaid wages, commission, and notice pay (capped at £25,000). The claimant withdrew her DPO contract claim due to the £25,000 breach of contract cap. The respondent's strike-out application was dismissed.
Practical note
Where a respondent admits liability for wage and notice pay claims but fails to pay, tribunals will enforce payment up to jurisdictional limits, and respondents who fail to comply with disclosure obligations while seeking to strike out claims will be unsuccessful.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6003526/2025
- Decision date
- 11 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No