Claimant v Stewartry Rollershutter & Garage Doors Ltd
Outcome
Individual claims
The tribunal found that the respondent was in breach of contract for failing to pay the claimant's wages in respect of work undertaken between 28 August 2023 and 25 February 2024. The respondent did not attend or participate in the hearing to defend the claim.
The tribunal found that the respondent unlawfully deducted from the claimant's wages, contrary to s13 ERA, by failing to pay the claimant his accrued but untaken holiday entitlement on termination of employment.
The respondent failed to pay the claimant his accrued but untaken holiday entitlement on termination, which the tribunal found to be £1,191.53 gross. This claim was brought under s23 ERA and succeeded.
Facts
The claimant was employed by the respondent from 28 August 2023 to 25 February 2024. During this period, the respondent failed to pay the claimant wages for work undertaken. The respondent also failed to pay accrued holiday pay on termination and failed to provide written particulars of employment or itemised pay statements. The respondent did not attend the hearing and was not represented.
Decision
The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay £6,100.55 net for breach of contract (unpaid wages), £1,191.53 gross for unlawful deduction of holiday pay, and £1,122.50 as a penalty for failure to provide written particulars under s38 of the Employment Act 2002. Total award £8,414.58.
Practical note
Employers who fail to pay wages, provide holiday pay, or issue basic statutory documents face substantial liability, and non-participation in proceedings will result in default judgment against them.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4106672/2024
- Decision date
- 8 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Service
- 6 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep