Claimant v Clear Education Limited
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages. The claimant was awarded £261.20 in unpaid wages up to 13 February 2024, indicating the tribunal accepted the claimant's evidence that wages were unlawfully withheld.
The tribunal found that the claimant had accrued but untaken holiday entitlement at the termination of employment on 13 February 2024. The respondent was ordered to pay £634.62 representing this accrued holiday pay, showing the tribunal accepted the claimant's calculations and entitlement.
The claimant's claim seeking damages for breach of contract was dismissed by the tribunal. The tribunal either found no breach occurred or that the claimant failed to prove the alleged breach on the balance of probabilities.
Facts
Mr Thorpe worked for Clear Education Limited, an education sector company. His employment terminated on 13 February 2024. He brought claims for unlawful deduction of wages, unpaid holiday pay, and breach of contract. The respondent also brought a counterclaim which was withdrawn at the hearing.
Decision
The tribunal found in favour of the claimant on the unauthorised deductions claim, awarding £261.20 in unpaid wages. The tribunal also awarded £634.62 for accrued but untaken holiday entitlement. However, the breach of contract claim was dismissed. The respondent's counterclaim was withdrawn and dismissed.
Practical note
Even where an employee succeeds on wages and holiday pay claims, additional breach of contract claims may still fail if not properly evidenced or proven.
Award breakdown
Case details
- Case number
- 6002879/2024
- Decision date
- 31 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- Yes
- Rep type
- lay rep