Cases6009060/2024

Claimant v Accountants Etc Ltd

3 April 2025Before Employment Judge E DaveyCambridgeremote video

Outcome

Claimant succeeds£4,911

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 24 June 2024 to 2 August 2024 in the amount of £1617.78 gross. The respondent did not attend to defend the claim and the tribunal found the complaint well-founded.

Breach of Contractsucceeded

The tribunal found that the respondent failed to pay the claimant notice pay she was entitled to upon termination of employment. The claimant was entitled to one week's notice pay calculated at £539.26 gross and the complaint of breach of contract was well-founded.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The sum owed was £337.03 and the complaint was well-founded.

Unfair Dismissalsucceeded

The tribunal found that the claimant was unfairly dismissed. The respondent did not attend to provide evidence of a fair reason for dismissal or that they followed a fair procedure. The complaint was well-founded and the tribunal made no deduction for contributory fault or blameworthy conduct.

Othersucceeded

The tribunal found that when proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under s.1 Employment Rights Act 1996. There were no exceptional circumstances making an award unjust and it was just and equitable to award four weeks' gross pay.

Facts

The claimant was employed by an accountancy firm and her employment ended on 2 August 2024. During her final period of employment from 24 June 2024, the respondent made unauthorised deductions from her wages totalling £1617.78. The respondent also failed to pay her notice pay, accrued holiday pay, and failed to provide a written statement of employment particulars. The claimant brought claims for unauthorised deductions, breach of contract, holiday pay, and unfair dismissal. The respondent did not attend the hearing.

Decision

The tribunal found all of the claimant's complaints well-founded. The respondent made unauthorised wage deductions, failed to pay notice and holiday pay, unfairly dismissed the claimant without providing evidence of fair reason or procedure, and breached the duty to provide written employment particulars. The tribunal applied a 10% ACAS uplift to relevant awards due to the respondent's unreasonable failure to follow the ACAS Code. Total awards amounted to £4911.34.

Practical note

Where a respondent fails to attend and defend claims, tribunals will find in favour of unrepresented claimants on well-documented claims and will apply ACAS uplifts for procedural failures, particularly where no disciplinary or grievance procedures were followed.

Award breakdown

Basic award£539
Compensatory award£644
Notice pay£539
Holiday pay£337
Unpaid wages£1,618
Loss of statutory rights£500

Adjustments

ACAS uplift+10%

Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 - 10% uplift applied to unauthorised deductions from wages, holiday pay, and compensatory award for unfair dismissal

Legal authorities cited

Statutes

s.207A Trade Union & Labour Relations (Consolidation) Act 1992s.38 Employment Act 2002Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
6009060/2024
Decision date
3 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
No

Employment details

Claimant representation

Represented
No