Claimant v SDH Engineering Limited
Outcome
Individual claims
The claimant withdrew his complaint of being automatically unfairly dismissed for making a protected disclosure under the Employment Rights Act 1996.
The claimant withdrew his complaint of being subjected to detriment for making a protected disclosure under the Employment Rights Act 1996.
By agreement between the parties, the tribunal found that the respondent failed to pay the claimant accrued untaken holiday pay (2 days) in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent agreed to pay £240 for this breach.
By agreement between the parties, the tribunal found that the respondent made an unauthorised deduction from the claimant's wages for the period from 18 to 24 November 2024 (5 days). The respondent agreed to pay £577 for this unlawful deduction.
Facts
The claimant brought claims for automatic unfair dismissal and detriment for whistleblowing, along with claims for unpaid wages and holiday pay. The claimant's employment ended on or around 24 November 2024. The respondent failed to pay the claimant for 5 days work in the period 18-24 November 2024 and failed to pay 2 days of accrued untaken holiday pay.
Decision
The tribunal dismissed the whistleblowing and automatic unfair dismissal claims on withdrawal by the claimant. By agreement between the parties, the tribunal found the claims for holiday pay (£240) and unauthorised deductions from wages (£577) to be well-founded, ordering payment of a total of £817 less lawful deductions.
Practical note
Employers must ensure timely payment of wages and accrued holiday pay even when defending more serious claims, as these basic statutory obligations can be established by agreement without full contested proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6020792/2024
- Decision date
- 11 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- No