Claimant v TDH Limited t/a SUN STUDIO London
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages during the period 28 November 2022 to 23 December 2022. The claimant was entitled to £2,772 gross wages which had been wrongfully deducted.
The tribunal found that when proceedings began, the respondent was in breach of its duty under the Employment Act 2002 to provide the claimant with a written statement of employment particulars. The tribunal found no exceptional circumstances making an award unjust or inequitable and awarded two weeks' pay under section 38.
Facts
The claimant was employed by the respondent, TDH Limited trading as SUN STUDIO London. During the period 28 November 2022 to 23 December 2022, the respondent made unauthorised deductions totalling £2,772 from the claimant's wages. The respondent also failed to provide the claimant with a written statement of employment particulars as required by law. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £2,772 for unauthorised wage deductions and an additional £1,142 (two weeks' gross pay) for failing to provide written employment particulars under section 38 of the Employment Act 2002, with no exceptional circumstances to reduce the award.
Practical note
Employers who fail to provide written employment particulars face mandatory penalties of between two and four weeks' pay when an employee succeeds on any other claim, unless exceptional circumstances apply.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2301699/2023
- Decision date
- 6 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No