Cases2218875/2024

Claimant v HRX Design Ltd

16 May 2025Before Employment Judge MoylerLondon Centralremote video

Outcome

Claimant succeeds£2,280

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from wages on 25 January 2024 and 25 February 2024 by failing to pay the amounts specified on payslips totalling £1890. Additionally, wages were incorrectly calculated based on the contractual daily rate of £135, and the claimant was owed £2025 for 15 days worked.

Breach of Contractsucceeded

The claimant was contractually entitled to automatic enrolment in a workplace pension scheme with the respondent contributing 3% of her salary. The respondent failed to make these contributions, constituting a breach of contract for which damages of £52.50 were awarded.

Holiday Paysucceeded

The respondent made an unauthorised deduction by failing to pay the claimant for accrued but untaken holiday on termination. The claimant was entitled to 28 days annual leave and had accrued 1.5 days during her short employment, worth £202.50.

Facts

The claimant worked for the respondent design company for approximately two months from January to February 2024 on a daily rate of £135. She worked 15 days in total (12 in January, 3 in February including notice period). The respondent failed to pay wages correctly, did not enrol her in a pension scheme as contractually required, and did not pay accrued holiday pay on termination. The respondent did not attend the tribunal hearing.

Decision

The tribunal found all three claims well-founded. The respondent was ordered to pay £2025 in unpaid wages (calculated at the correct daily rate), £52.50 for breach of contract relating to pension contributions, and £202.50 for untaken holiday pay, totalling £2,280.

Practical note

Employers must pay wages at the contractually agreed rate, provide contractual pension contributions, and pay accrued holiday pay on termination, with tribunals prepared to award full amounts when employers fail to defend claims.

Award breakdown

Holiday pay£203
Unpaid wages£2,025

Case details

Case number
2218875/2024
Decision date
16 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
No

Employment details

Service
2 months

Claimant representation

Represented
Yes
Rep type
solicitor