Cases6007620/2024

Claimant v Matthew House Ltd

27 March 2025Before Employment Judge MillnsNottinghamremote video

Outcome

Claimant succeeds£1,339

Individual claims

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to submit a response and did not contest the claim. The tribunal awarded damages representing the notice pay owed.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages in the period 27 March 2024 to 4 May 2024. The claim was well-founded and the claimant was awarded the gross sum deducted.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken when employment ended. The claim was well-founded and compensation was awarded.

Othersucceeded

The tribunal found the respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 during the period 27 March 2024 to 4 May 2024. The respondent was ordered to pay £500 in respect of unnotified deductions totalling £838.55.

Otherfailed

The tribunal found that when proceedings began the respondent was not in breach of its duty to provide written statement of employment particulars. This claim was therefore dismissed.

Facts

The claimant was employed by the respondent until 4 May 2024. Following termination, the respondent failed to pay notice pay, made unauthorised deductions from wages during the period 27 March to 4 May 2024, failed to pay accrued holiday pay, and failed to provide written itemised pay statements. The respondent did not submit a response to the claim or attend the hearing.

Decision

The tribunal found all claims well-founded except the claim for failure to provide a written statement of employment particulars, which was dismissed. The respondent was ordered to pay a total of £1,338.55 comprising notice pay, unpaid wages, holiday pay, and an award for failure to provide itemised pay statements.

Practical note

Employers who fail to defend claims under Rule 21 remain liable for well-founded claims, and tribunals will award statutory penalties for failure to provide itemised pay statements even where underlying wage deductions are separately compensated.

Award breakdown

Notice pay£435
Holiday pay£278
Unpaid wages£126

Legal authorities cited

Statutes

ERA 1996 s.8

Case details

Case number
6007620/2024
Decision date
27 March 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No