Claimant v CoMc Contractors Ltd
Outcome
Individual claims
The tribunal found the respondent made unauthorised deductions from wages in the period 21 October 2024 to 4 December 2024, including both gross wages of £992.61 and employee pension contributions of £249.08 that were deducted but not paid into the pension.
The tribunal found the complaint of breach of contract in relation to notice pay was well-founded and awarded damages calculated using gross pay to reflect the likelihood of tax treatment as Post Employment Notice Pay.
The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended.
Facts
Ms Redfern-Jones brought claims against CoMc Contractors Ltd for unauthorised deductions from wages, breach of contract in relation to notice pay, and holiday pay. The respondent failed to pay wages in the period 21 October to 4 December 2024, deducted pension contributions without remitting them, failed to pay notice, and did not pay accrued holiday pay on termination. The respondent did not attend the hearing and had failed to provide written employment particulars.
Decision
Employment Judge S Moore found all claims well-founded. The tribunal awarded £992.61 in unpaid wages, £249.08 for unremitted pension contributions, £390 for breach of contract regarding notice pay, £1033.50 for unpaid holiday pay, and £780 for failure to provide written employment particulars under s.38 Employment Act 2002, totalling £3445.19.
Practical note
Employers who fail to attend tribunal hearings and have not paid wages, notice, or holiday pay can expect to face default judgments with awards including penalties for failing to provide written employment particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6001185/2025
- Decision date
- 16 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No