Claimant v Wolf Armouries Limited
Outcome
Individual claims
The complaint in respect of holiday pay was withdrawn by the claimant and therefore dismissed pursuant to Rule 51 of the Employment Tribunal Procedure Rules 2024.
The tribunal found the complaint of unfair dismissal not well-founded and dismissed the claim, concluding that the dismissal was fair.
The tribunal found the complaint of breach of contract in relation to notice pay (wrongful dismissal) not well-founded and dismissed it, concluding the respondent was entitled to dismiss without notice.
The tribunal found that the respondent made an unauthorised deduction from the claimant's final wages with respect to the pay periods December 2023 and January 2024. However, the respondent was entitled to set off the sum deducted against money owed by the claimant to the respondent, resulting in no net award.
Facts
Mr Piddington was employed by Wolf Armouries Limited. The employment ended and he brought claims for unfair dismissal, wrongful dismissal, holiday pay, and unauthorised deductions from wages relating to pay periods in December 2023 and January 2024. The respondent had failed to provide written statement of employment particulars.
Decision
The tribunal dismissed the unfair and wrongful dismissal claims as not well-founded. While the unauthorised deductions claim succeeded, the respondent was entitled to set off the deducted amount against money owed by the claimant, resulting in no net award. The tribunal found exceptional circumstances made an award for failure to provide written particulars unjust and inequitable.
Practical note
A finding of unauthorised deduction from wages does not automatically result in a payment to the claimant where the employer has a valid contractual set-off against sums owed by the employee.
Legal authorities cited
Statutes
Case details
- Case number
- 2218640/2024
- Decision date
- 2 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister