Claimant v Nagawa Ltd
Outcome
Individual claims
The tribunal found the claimant was entitled to be paid his salary for September 2024 at £11.40 per hour for 165.5 hours worked. The respondent failed to pay this salary on 1 October 2024 as required. The claimant's evidence was unchallenged, credible, and the exceptions in S13(1)(a) and (b) ERA 1996 did not apply. The respondent was in breach of S13 ERA 1996.
Facts
The claimant was employed by the respondent restaurant as a chef and supervisor at £11.40 per hour. He was dismissed on 14 October 2024. He worked 165.5 hours in September 2024 but was not paid his wages on 1 October 2024 as required. The respondent did not attend the hearing and did not defend the claim. The claimant had only one payslip from March 2024 and no longer had access to the respondent's payroll system.
Decision
The tribunal found the claim for unlawful deduction of wages well-founded. The claimant proved he was entitled to be paid for September 2024, that the respondent failed to pay, and that this constituted an unlawful deduction under S13 ERA 1996. The tribunal awarded the full amount owed of £1,893.32 gross.
Practical note
Where an employer fails to pay wages and does not attend to defend the claim, tribunals will accept credible unchallenged evidence from claimants to prove their entitlement under S13 ERA 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6017276/2024
- Decision date
- 21 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Nagawa Ltd
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Chef and Supervisor
Claimant representation
- Represented
- No