Cases6015339/2024

Claimant v IF Finishes North West LTD

14 March 2025Before Employment Judge CooksonLiverpoolremote video

Outcome

Claimant succeeds£4,692

Individual claims

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The respondent was ordered to pay £1,076.92 for accrued but untaken holiday pay.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period from 1 July 2024 to 16 August 2024. The respondent made unnotified deductions totalling £2,215.04 from the claimant's pay in the 13 weeks prior to presentation of the claim form.

Breach of Contractsucceeded

The tribunal found that when the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars under section 38 Employment Act 2002. There were no exceptional circumstances that would make an award unjust or inequitable, and the tribunal awarded the equivalent of two weeks' gross pay (£1,400).

Facts

Mr Simpson brought claims against IF Finishes North West Ltd for holiday pay, unlawful deductions from wages, and failure to provide written employment particulars and itemised pay statements. His employment ended on 16 August 2024. The respondent failed to appear at the hearing. The claimant represented himself. The tribunal heard evidence in the respondent's absence on 14 March 2025 by video hearing.

Decision

The tribunal found all claims well-founded. The respondent failed to pay accrued but untaken holiday pay (£1,076.92), made unnotified deductions totalling £2,215.04 in the 13 weeks prior to the claim, failed to provide itemised pay statements between 1 July and 16 August 2024, and breached its duty to provide written employment particulars (penalty of two weeks' pay at £1,400). Total award: £4,691.96.

Practical note

Employers who fail to appear at tribunal face default judgments where claimants can succeed on all claims if they provide sufficient evidence, particularly on wage and contractual documentation failures which carry automatic penalties.

Award breakdown

Holiday pay£1,077
Unpaid wages£2,215

Legal authorities cited

Statutes

ERA 1996 s.8Employment Act 2002 s.38

Case details

Case number
6015339/2024
Decision date
14 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
construction
Represented
No

Employment details

Claimant representation

Represented
No