Claimant v DND Group Limited (under Company Voluntary Arrangement)
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages by failing to pay wages due on 30th September 2024. The claimant was entitled to £1472.90 in unpaid wages which the respondent failed to pay without lawful authority.
The tribunal found that the respondent failed to pay the claimant his accrued holiday pay under the Working Time Regulations, which also constituted an unauthorised deduction from wages. The claimant was entitled to £350.18 in accrued holiday pay.
Facts
The claimant was employed by DND Group Limited, a company under Company Voluntary Arrangement. The respondent failed to pay the claimant wages due on 30th September 2024 totalling £1472.90, and also failed to pay accrued holiday pay of £350.18. The respondent did not attend the hearing to defend the claims.
Decision
The tribunal found in favour of the claimant on both claims for unauthorised deduction of wages and holiday pay, awarding a total of £1823.08. The tribunal also awarded preparation time costs of £615 against the respondent, finding that the response had no reasonable prospect of success under Rule 74.
Practical note
Where a financially distressed respondent fails to attend and has filed a response with no reasonable prospect of success, tribunals may award preparation time orders in addition to substantive awards for unpaid wages and holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6023390/2024
- Decision date
- 9 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No