Cases6023103/2024

Claimant v Leetent Ltd

10 April 2025Before Employment Judge Ms A StewartLondon Centralremote video

Outcome

Claimant succeeds£96,731

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant was not paid his wages for September and October 2024, nor his contractual 6 months' notice pay, nor his holiday pay. Additionally, the respondent failed to pay his national insurance and income tax for five months despite deducting these amounts. The respondent failed to enter a response or participate in the proceedings.

Facts

The claimant worked as Managing Director for the respondent from April 2023 to October 2024 at an annual salary of £120,000. He ceased working on 31 October 2024 after not being paid for September and October 2024. The respondent also failed to pay his 6 months contractual notice pay, holiday pay, and failed to remit tax and national insurance deductions to the Isle of Man tax authorities for five months. The respondent failed to enter a response or participate in the hearing.

Decision

The tribunal found the claim for unlawful deduction of wages well-founded and awarded the claimant £96,731 gross, comprising unpaid wages for September and October 2024, untaken holiday pay, six months notice pay, and five months of tax and NI that had been deducted but not paid onwards. The tribunal had jurisdiction as the respondent was UK-registered despite the claimant working in the Isle of Man.

Practical note

Employers who deduct tax and NI but fail to remit it to authorities can be ordered to pay gross amounts to employees, who must then account to tax authorities themselves, avoiding risk of double non-payment.

Award breakdown

Notice pay£60,000
Holiday pay£7,455
Arrears of pay£20,000
Unpaid wages£20,000

Award equivalent: 41.9 weeks' gross pay

Legal authorities cited

Statutes

ERA 1996 s.23Employment Tribunal Procedure Rules 2024 Rule 47Employment Tribunal Procedure Rules 2024 Rule 8

Case details

Case number
6023103/2024
Decision date
10 April 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
technology
Represented
No

Employment details

Role
Managing Director
Salary band
£100,000+
Service
2 years

Claimant representation

Represented
No