Claimant v Innseagan House t/a Portsonachan Hotel
Outcome
Individual claims
Respondent failed to present a valid response. Tribunal found respondent made unauthorised deductions from wages totalling £3,181.82 gross unpaid wages for period 1 June 2024 to 12 August 2024 and £3,269 net in respect of SSP due for period 13 August 2024 to 28 January 2025. Award made under Rule 22 default judgment.
Respondent failed to provide pay slips in contravention of section 8 ERA 1996 for period 1 April 2024 to date. Tribunal awarded 13 weeks' pay totalling £3,749.98 gross as statutory compensation for this breach.
Respondent failed to pay employer's pension contributions of £99.77 gross for period 1 April 2024 to 12 August 2024. Tribunal ordered payment of this sum as part of default judgment.
Claim for unpaid holiday pay dismissed as claimant did not take any leave and her employment continues, so no entitlement arose.
Facts
Claimant was employed by Portsonachan Hotel and filed claims for various wage deductions and failures. The respondent failed to present a valid response on time. The claimant continued to be employed but had not been paid wages from 1 June 2024, had not received SSP from 13 August 2024, had not been provided with pay slips from 1 April 2024, and was owed employer pension contributions.
Decision
The tribunal made a default judgment under Rule 22 in favour of the claimant. The respondent was ordered to pay £10,300.57 comprising unpaid wages, SSP, statutory compensation for failure to provide pay slips, and unpaid pension contributions. The holiday pay claim was dismissed as the claimant had not taken leave and remained employed.
Practical note
Where a respondent fails to engage with tribunal proceedings, a Rule 22 default judgment can be obtained for wage-related claims, including statutory compensation for failure to provide pay slips under section 8 ERA 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2407067/2024
- Decision date
- 4 June 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep