Claimant v London Business Specialists Ltd
Outcome
Individual claims
The tribunal found that the Claimant did not receive wages for August 2024 (£1,916.67) and September 2024 (£361.54), and that throughout employment the Claimant's pay was incorrectly calculated on a salary of £23,000 instead of £23,500, with the agreed £500 shortfall payment outstanding. Total unlawful deduction of wages was £2,788.21.
The tribunal found that the Respondent unlawfully failed to pay accrued but untaken holiday pay in the sum of £1,536.54.
The tribunal found that the Respondent unlawfully failed to pay commission payments totalling £191.60 that were due to the Claimant.
Facts
The Claimant was employed by London Business Specialists Ltd on an annual salary of £23,500 but was incorrectly paid on the basis of £23,000 throughout employment. The Claimant did not receive wages for August 2024 (£1,916.67) or most of September 2024 (£361.54). The Respondent agreed to pay £500 to make up the salary shortfall but failed to do so. The Claimant was also owed accrued holiday pay of £1,536.54 and commission payments of £191.60. The Respondent failed to file an ET3 response.
Decision
Employment Judge Adkin made a default judgment under Rule 22 without a hearing after the Respondent failed to file an ET3. The tribunal awarded the Claimant £4,516.35 comprising unpaid wages (£2,788.21), holiday pay (£1,536.54), and commission (£191.60), with the Respondent ordered to account to HMRC for tax and NI. The tribunal declined to order payment of £110 for part-time work and advised the Claimant to contact the pension regulator regarding unpaid pension contributions.
Practical note
Default judgments under Rule 22 can be made on the papers where a respondent fails to defend, and tribunals will award all sums properly evidenced in the ET1 and attachments without requiring a hearing.
Award breakdown
Award equivalent: 10.0 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6000656/2025
- Decision date
- 2 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £20,000–£25,000
Claimant representation
- Represented
- No