Cases3201124/2024

Claimant v EIB Landscaping Ltd

1 May 2025Before Employment Judge E WhittallEast Londonremote video

Outcome

Partly successful£1,152

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent failed to pay the claimant for days worked and holidays accrued but not taken on the date employment ended, constituting an unauthorised deduction from wages.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay accrued but untaken holiday pay at the termination of employment, forming part of the unauthorised deduction from wages claim.

Breach of Contractsucceeded

The tribunal found the respondent failed to pay the claimant notice pay to which she was contractually entitled, constituting a breach of contract.

Unfair Dismissalwithdrawn

The claimant withdrew this claim and it was dismissed upon withdrawal by the tribunal.

Discrimination Arising from Disability (s.15)(disability)withdrawn

The claimant withdrew this claim and it was dismissed upon withdrawal by the tribunal.

Breach of Contractwithdrawn

The claimant withdrew the claim relating to failure to pay pension contributions, dismissing it upon withdrawal for the claimant to pursue with the Pension Regulator instead.

Facts

The claimant Ms Wright brought claims against her former employer EIB Landscaping Ltd for unpaid wages, holiday pay, notice pay, pension contributions, unfair dismissal and disability discrimination. She worked for the respondent landscaping company until her employment ended. The respondent failed to pay her for days worked and accrued but untaken holiday pay at termination, and also failed to pay notice pay. The claimant withdrew her unfair dismissal and disability discrimination claims, and withdrew her pension contributions claim to pursue through the Pension Regulator.

Decision

The tribunal found in favour of the claimant on her claims for unauthorised deductions from wages (unpaid wages and holiday pay totalling £672) and breach of contract for failure to pay notice pay (£480 gross). The tribunal dismissed the unfair dismissal, disability discrimination and pension contribution claims upon withdrawal by the claimant. Total award was £1,152.

Practical note

Employers must pay all wages, accrued holiday pay and contractual notice pay on termination of employment, regardless of the circumstances of departure.

Award breakdown

Notice pay£480
Unpaid wages£672

Case details

Case number
3201124/2024
Decision date
1 May 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
agriculture
Represented
No

Claimant representation

Represented
No