Claimant v Diverse Active Living Day Service
Outcome
Individual claims
By consent of the parties, the tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period from 27 July to 3 August 2023, and ordered payment of £350 net which was the sum unlawfully deducted.
Claim was withdrawn by the claimant and dismissed by the tribunal.
Claim was withdrawn by the claimant and dismissed by the tribunal.
Facts
The claimant brought claims for unlawful deduction of wages, holiday pay, and automatic unfair dismissal against the respondent, a day service provider. The case was heard by consent at a remote preliminary hearing. The claimant was self-represented and the respondent was represented by Ms S McIntosh. The parties reached agreement on the unlawful deductions claim relating to a one-week period in late July to early August 2023.
Decision
By consent, the tribunal found the unlawful deduction claim well-founded and ordered the respondent to pay £350 net representing the deducted wages for the period 27 July to 3 August 2023. The claims for holiday pay and automatic unfair dismissal were dismissed on withdrawal by the claimant.
Practical note
This consent judgment demonstrates that parties can resolve employment claims by agreement even at a preliminary hearing stage, allowing for partial settlement where some claims are upheld and others withdrawn.
Award breakdown
Case details
- Case number
- 2412085/2023
- Decision date
- 31 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No