Claimant v Swale Auto Services Ltd
Outcome
Individual claims
The tribunal found the claimant's complaint of unauthorised deduction from wages was not well founded. The tribunal was not satisfied that the respondent had made unauthorised deductions from the claimant's wages.
The tribunal found the claimant's complaint of unpaid holiday pay was not well founded. The tribunal was not satisfied that the respondent owed the claimant any outstanding holiday pay.
The claimant withdrew the claim for notice pay during the hearing and it was dismissed upon withdrawal.
Facts
Mr Robins brought claims against his former employer Swale Auto Services Ltd for unauthorised deduction from wages, unpaid holiday pay, and notice pay. The claimant appeared in person at the hearing, accompanied by his wife, while the respondent was represented by a solicitor. The hearing took place remotely via CVP at Newcastle Employment Tribunal.
Decision
The tribunal dismissed both the unauthorised deduction from wages and unpaid holiday pay claims as not well founded. The tribunal was not satisfied that the respondent had made any unauthorised deductions or owed outstanding holiday pay. The notice pay claim was dismissed upon withdrawal by the claimant during the hearing.
Practical note
A claimant appearing in person must still meet the burden of proof to establish that wages or holiday pay are owed, and the tribunal will dismiss claims where insufficient evidence is presented to establish the employer's liability.
Case details
- Case number
- 2502164/2024
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No