Cases6017666/2024

Claimant v My Legal Claims Ltd

28 March 2025Before Employment Judge JohnsonLiverpoolremote video

Outcome

Claimant succeeds£1,894

Individual claims

Redundancy Paywithdrawn

Withdrawn by the claimant at the final hearing on 28 March 2025 after accepting she had less than 2 years' service at the effective date of termination and was therefore ineligible to bring a claim for redundancy payment.

Unlawful Deduction from Wagessucceeded

The tribunal found that the claimant was owed £2,000 gross in unpaid wages payable at the end of August 2024. The respondent had made interim payments totalling £850, leaving a balance of £1,150 owed to the claimant.

Holiday Paysucceeded

The tribunal accepted the respondent's submission that the claimant was entitled to recover 6 days of untaken annual leave at the date her employment ended. At a daily rate of £92.31, the claimant was awarded £553.86 for unpaid holiday entitlement.

Othersucceeded

The tribunal awarded £190 in guarantee payments (statutory lay-off payments) calculated at the statutory rate of £38 per day for 5 days that the respondent confirmed were owed to the claimant.

Facts

The claimant was employed by My Legal Claims Ltd for just under 2 years until her employment ended at the end of August 2024. She was owed £2,000 in unpaid wages from August 2024, of which the respondent paid £850 in instalments between November 2024 and January 2025. The claimant had 6 days of untaken annual leave and was also entitled to 5 days of statutory lay-off payments (guarantee payments).

Decision

The tribunal awarded the claimant £1,893.86 comprising £1,150 in unpaid wages (the balance after crediting interim payments), £553.86 for 6 days of untaken annual leave, and £190 in guarantee payments. The redundancy claim was withdrawn after the claimant accepted she had insufficient service.

Practical note

Even where a claimant lacks the qualifying service for statutory redundancy, she may still succeed in recovering unpaid wages, holiday pay and guarantee payments for lay-off periods.

Award breakdown

Holiday pay£554
Unpaid wages£1,150

Case details

Case number
6017666/2024
Decision date
28 March 2025
Hearing type
remedy
Hearing days
1
Classification
contested

Respondent

Sector
legal services
Represented
No
Rep type
in house

Employment details

Service
2 years

Claimant representation

Represented
No