Cases6020138/2024

Claimant v Treat Yard Limited (formerly known as THC South West Limited)

20 March 2025Before Employment Judge RaoLondon Eastremote video

Outcome

Claimant succeeds£1,870

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent made unauthorised deductions totalling £5,826.40 from the claimant's net wages between April and August 2024. After partial repayment of £4,819.56, £1,006.84 remained owing. The tribunal found the complaint well-founded under section 23 ERA 1996.

Holiday Paysucceeded

The respondent failed to pay £349.60 for holidays accrued but not taken when employment ended on 14 June 2024. The complaint under Working Time Regulations 1998 was well-founded. The respondent subsequently repaid this sum in full.

Breach of Contractsucceeded

The claimant was entitled to 1 week's notice but was dismissed without lawful notice. The breach of contract claim for notice pay of £468 brought under the Extension of Jurisdiction Order 1994 was well-founded.

Breach of Contractsucceeded

The respondent failed to make pension contributions in May 2024 (£30.47) and June 2024 (£64.56). The breach of contract claim for missing pension contributions totalling £95.03 was well-founded under the Extension of Jurisdiction Order 1994.

Facts

The claimant was employed by the respondent from 20 May 2023 to 14 June 2024. The respondent failed to pay wages totalling £5,826.40 between April and August 2024, made partial repayment of £4,819.56, failed to pay accrued holiday pay of £349.60, dismissed the claimant without the required one week's notice, and failed to make pension contributions in May and June 2024. The respondent did not attend the final hearing despite filing a response.

Decision

The tribunal found all claims well-founded. The respondent was ordered to pay £1,869.87 comprising outstanding unpaid wages of £1,006.84, compensation for financial loss of £300, notice pay of £468, and missing pension contributions of £95.03. Holiday pay had been repaid in full so no further order was made for that element.

Practical note

Where a respondent fails to attend a final hearing, the tribunal can proceed in their absence under Rule 47 and make findings based on the claimant's evidence, particularly in straightforward wage claims with documentary proof.

Award breakdown

Compensatory award£300
Notice pay£468
Arrears of pay£1,007
Unpaid wages£1,007
Pension loss£95

Legal authorities cited

Statutes

Employment Rights Act 1996 s.23Employment Rights Act 1996 s.24(2)Working Time Regulations 1998 reg.30Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994

Case details

Case number
6020138/2024
Decision date
20 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Employment details

Service
1 years

Claimant representation

Represented
No