Cases8000077/2025

Claimant v Transparent Windows Limited

13 March 2025Before Employment Judge M SangsterScotlandin person

Outcome

Partly successful£3,664

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent unlawfully deducted £520 from the claimant's wages for hours worked between 26 August and 10 September 2024, and failed to pay £2,280 in lieu of accrued holiday entitlement upon termination, in breach of section 13 of the Employment Rights Act 1996.

Wrongful Dismissalsucceeded

The tribunal found that the respondent wrongfully dismissed the claimant in breach of contract. The claimant was entitled to damages representing notice pay which he did not receive.

Discrimination Arising from Disability (s.15)(disability)failed

The tribunal dismissed the disability discrimination complaint, though the judgment does not provide detailed reasoning. The claim did not succeed on its merits.

Facts

Mr Connolly worked for Transparent Windows Limited until 10 September 2024. The respondent failed to fully pay wages for hours worked between 26 August and 10 September 2024, did not pay accrued holiday entitlement upon termination, and dismissed him without notice pay. The claimant also brought a disability discrimination claim. The respondent did not attend the hearing.

Decision

The tribunal upheld the claims for unlawful deduction of wages (£2,800 gross including unpaid wages and holiday pay) and wrongful dismissal (£863.68 net notice pay). The disability discrimination claim was dismissed. The respondent's non-attendance meant the claims proceeded undefended.

Practical note

Even where a respondent does not attend, a tribunal will carefully assess each claim on its merits and will not automatically find in favour of a claimant on all complaints.

Award breakdown

Notice pay£864
Holiday pay£2,280
Arrears of pay£520

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.23

Case details

Case number
8000077/2025
Decision date
13 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
construction
Represented
No

Claimant representation

Represented
No