Claimant v AA Estate London Limited
Outcome
Individual claims
The tribunal found the claimant was an employee entitled to National Minimum Wage of £11.44 per hour. She was contractually entitled to 16 hours per week for 10 weeks (17 July to 25 September 2024) during which she either worked or was ready, willing and able to work. The respondent failed to pay these wages, amounting to an unauthorised deduction of £1830.40 under s.13 ERA 1996.
Facts
The claimant worked for the respondent estate agent for 10 weeks from July to September 2024 on a part-time basis (16 hours per week). The respondent failed to pay her wages at the National Minimum Wage rate. The respondent had also provided a loan of £1500 to the claimant, of which £200 had been repaid, and the claimant had worked 40 hours of overtime. The respondent did not attend the hearing.
Decision
The tribunal found the claimant was an employee entitled to National Minimum Wage. She was awarded £1830.40 for unlawful deduction of wages. The respondent succeeded in an employer's contract claim of £842.40 (the outstanding loan balance after crediting partial repayment and overtime), resulting in a net award to the claimant of £988.
Practical note
Employers can bring contract claims in the Employment Tribunal which may be set off against employee wage claims, but must still pay National Minimum Wage for hours worked or where employees are ready, willing and able to work.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6013710/2024
- Decision date
- 27 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- No
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No