Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages. The respondent did not participate in the proceedings, and the tribunal determined the claim under Rule 21 (default judgment) in the claimant's favour.
The claimant sought compensation for stress and time spent pursuing the claim. The tribunal dismissed this claim on jurisdictional grounds, finding it had no power to award such compensation in the circumstances.
Facts
H Khan brought a claim for unauthorised deduction of wages against Wine Dining Ltd, a hospitality company. The respondent failed to participate in the proceedings. The claimant also sought compensation for stress and time spent pursuing the claim. The tribunal dealt with the matter on the papers under Rule 21 (default judgment).
Decision
The tribunal found in favour of the claimant on the wages claim, awarding £646.00 gross. However, it rejected the claim for compensation for stress and time, ruling it had no jurisdiction to award such damages in an unlawful deduction case. The scheduled hearing was cancelled as the matter was resolved.
Practical note
Employment tribunals have no jurisdiction to award general compensation for stress or inconvenience in unlawful deduction of wages cases, even where default judgment is entered.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6002152/2025
- Decision date
- 25 March 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Wine Dining Ltd
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No