Claimant v City Recycling and Storage Limited
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant his November 2023 wages of £2,719.24 net despite promises by Cara-Anne McDowell to do so once cash flow problems resolved. The claimant's failure to give one week's notice meant he was entitled to 3 weeks' pay rather than 4 weeks. The respondent made an unauthorised deduction from the claimant's wages.
Facts
The claimant worked as Operations Manager for a plastics recycling company from March 2022 to November 2023. He left employment abruptly on 24 November 2023 after a tense discussion with a manager, failing to return company property (laptop, mobile phone, van key) or give the contractually required one week's notice. The respondent failed to pay his November 2023 wages of £2,719.24 net, despite repeated promises from company representative Cara-Anne McDowell that payment would be made once cash flow problems resolved. The respondent did not attend the final hearing.
Decision
The tribunal found the unlawful deduction claim well-founded. The respondent was ordered to pay £2,039.43 net, representing three weeks' wages rather than four. The reduction reflected the claimant's failure to give the contractually required one week's notice. The tribunal proceeded in the respondent's absence, finding proper service of the hearing notice and no adequate explanation for non-attendance.
Practical note
Employers who fail to pay wages due to cash flow problems still commit unlawful deductions, but awards may be reduced where employees fail to comply with contractual notice requirements.
Award breakdown
Adjustments
Claimant failed to give required 1 week's notice under clause 14.2 of employment contract, reducing award from 4 weeks' pay (£2,719.24) to 3 weeks' pay (£2,039.43)
Case details
- Case number
- 3314936/2023
- Decision date
- 28 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Role
- Operations Manager
- Service
- 2 years
Claimant representation
- Represented
- No