Claimant v Damaros (MCR) Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages for the period 6 June 2024 to 16 June 2024, awarding the claimant the net sum of £1022.73 (or £1249.65 gross for tax and National Insurance purposes).
The tribunal found that when proceedings began, the respondent had breached its duty to provide the claimant with a written statement of employment particulars, resulting in a penalty award of two weeks' pay under section 38 Employment Act 2002.
Facts
Mrs Grosicki brought claims for unauthorised deductions from wages and failure to provide written employment particulars against her former employer Damaros (MCR) Limited. The claimant was not paid properly for a period from 6 June 2024 to 16 June 2024. The respondent had also failed to provide the claimant with written terms and conditions of employment.
Decision
The tribunal upheld both claims. The respondent was ordered to pay £1249.65 gross in unpaid wages for the period in question, and a further penalty of £1400 (two weeks' gross pay) for failing to provide a written statement of employment particulars. The tribunal found no exceptional circumstances to reduce the statutory penalty and found it was not just and equitable to increase it to four weeks' pay.
Practical note
Employers who fail to provide written terms and conditions face automatic financial penalties under section 38 Employment Act 2002, which the tribunal will award unless there are exceptional circumstances, even in relatively small wage claim cases.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2404672/2024
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- in house
Employment details
Claimant representation
- Represented
- No