Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages and ordered payment of £4221.66 gross.
The respondent was in breach of its duty to provide written statement of employment particulars when proceedings began. No exceptional circumstances made an award unjust or inequitable, resulting in a two weeks' pay award under section 38 Employment Act 2002.
Facts
This was a claim brought by Mr Lindner against Hermolis & Co Ltd for unauthorised deductions from wages and failure to provide written statement of employment particulars. The judgment was made under Rule 22 of the Employment Tribunals Rules of Procedure 2024, indicating it was decided on papers without a full hearing. The respondent had deducted £4221.66 from the claimant's wages and failed to provide proper employment particulars when the claim began.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £4221.66 for unauthorised wage deductions and an additional £1153.84 (two weeks' gross pay) for failure to provide written employment particulars under section 38 Employment Act 2002. The tribunal found no exceptional circumstances to prevent the award and cancelled the hearing scheduled for 28 May 2025.
Practical note
Employers who fail to provide written employment particulars face automatic awards of two to four weeks' pay under section 38 Employment Act 2002, regardless of other breaches.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305279/2023
- Decision date
- 2 May 2025
- Hearing type
- default judgment
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No