Claimant v Paragon Staff Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages for the period 26 August to 2 September 2024. The claimant was entitled to £118.80 per day for 5 shifts (26-30 August) totalling £594, and for a 14.5 hour shift on 2 September was entitled to at least national minimum wage of £11.44 per hour, totalling £165.88. The respondent did not attend to defend the claim.
The tribunal found that the claimant's day rate of £118.80 for a 14.5 hour shift was less than national minimum wage of £11.44 per hour. The claimant was therefore entitled to be paid at the national minimum wage rate for the shift worked on 2 September 2024.
Facts
The claimant worked shifts for the respondent staffing agency in late August and early September 2024. He worked five shifts from 26-30 August at an agreed rate of £118.80 per day, and a 14.5 hour shift on 2 September 2024. The respondent failed to pay the claimant for these shifts. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on his claims for unauthorised deductions from wages and national minimum wage underpayment. The respondent was ordered to pay £697.50 gross, representing £594 for the five August shifts and £165.88 for the September shift calculated at national minimum wage rates. The respondent must deduct appropriate tax and national insurance.
Practical note
When an employer or staffing agency fails to attend a hearing to defend non-payment of wages claims, tribunals will find in favour of workers based on their unchallenged evidence, ensuring workers receive both contractual pay and national minimum wage entitlements.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6019794/2024
- Decision date
- 7 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Claimant representation
- Represented
- No