Claimant v New Age Innovation Ltd T/A Pure Energy
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in June 2024 in the gross sum of £3,274, in breach of the Employment Rights Act 1996.
The tribunal found that the respondent failed to pay the claimant his holiday entitlement and awarded compensation of £1,009 for this failure.
The tribunal found the respondent failed to provide the claimant with a statement of terms and conditions as required by section 1 of the Employment Rights Act 1996, constituting a complete failure, and awarded the higher penalty amount under section 38 of the Employment Act 2002.
Facts
The claimant worked for the respondent energy company as a worker. In June 2024, the respondent made an unauthorised deduction from his wages of £3,274 gross. The respondent also failed to pay his holiday entitlement and did not provide him with a written statement of terms and conditions. The respondent company entered creditors voluntary liquidation and did not submit a response or attend the hearing.
Decision
The tribunal found in favour of the claimant on all claims. The tribunal declared the claimant was a worker, ordered payment of £3,274 for unauthorised wage deductions, £1,009 for unpaid holiday pay, and awarded £1,800 under section 38 of the Employment Act 2002 for the complete failure to provide a section 1 statement, totalling £6,083.
Practical note
Employers in liquidation who fail to respond face default judgments; complete failure to provide section 1 statements results in the maximum penalty of four weeks' pay under section 38 Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6016399/2024
- Decision date
- 20 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- No
Claimant representation
- Represented
- No