Claimant v Mohammed Umair Shafiq
Outcome
Individual claims
The tribunal found the respondent made unauthorised deductions from the claimant's wages for the period July to October 2024, failing to pay for hours worked across multiple months. The respondent did not attend to defend the claim and the tribunal accepted the claimant's evidence of unpaid wages totalling £1,802.33.
The tribunal found the respondent failed to pay accrued holiday pay to the claimant in the amount of £457.60. This was part of the series of unauthorised deductions from wages.
The tribunal found the respondent was in breach of their duty under the Employment Act 2002 to provide the claimant with a written statement of employment particulars when the proceedings began, resulting in an award of two weeks' pay under section 38 Employment Act 2002.
Facts
The claimant worked part-time for the respondent at 20 hours per week at £11.44 per hour. Between July and October 2024, the respondent failed to pay the claimant for hours worked, making a series of unauthorised deductions totalling £1,344.73 in unpaid wages and £457.60 in holiday pay. The respondent also failed to provide written employment particulars and itemised pay statements. The respondent did not attend the hearing.
Decision
The tribunal found all claims well-founded. The respondent was ordered to pay £1,802.33 for unauthorised wage deductions (including holiday pay), plus a further £457.60 for failure to provide written employment particulars under the Employment Act 2002. The tribunal also found the respondent failed to provide itemised pay statements as required by section 8 ERA 1996.
Practical note
Employers who fail to pay wages and do not provide basic employment documentation face default judgments when they fail to defend claims, with additional penalties for non-compliance with statutory requirements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6020769/2024
- Decision date
- 1 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No