Claimant v Boyton Hall Ltd
Outcome
Individual claims
The tribunal found that the claimant's claim for unlawful deduction of wages for the period November 2018 to May 2023 was not well founded and therefore dismissed this claim.
The tribunal found the claim for unpaid wages in respect of October 2023 until 4 November 2023 was well founded. The first respondent made an unauthorised deduction from the claimant's wages totalling £2242.
The tribunal found the complaint regarding holiday pay was well-founded. The first respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued and not taken on the date the claimant's employment ended, awarding £2500.
The tribunal found the claimant's claim for automatic unfair dismissal was not well founded and therefore dismissed this claim.
The tribunal found the claimant's claim for unfair dismissal was not well founded and therefore dismissed this claim.
The tribunal found the claimant's claim for notice pay (wrongful dismissal) was not well founded and therefore dismissed this claim.
Facts
The claimant was employed by Boyton Hall Ltd. Her employment ended on 4 November 2023. She brought multiple claims including unlawful deduction of wages for periods spanning from November 2018 to May 2023 and for October 2023 to November 2023, holiday pay for accrued but untaken leave, automatic unfair dismissal, unfair dismissal, and notice pay. The respondent failed to provide the claimant with a written statement of employment particulars. Both parties appeared unrepresented at a two-day hearing.
Decision
The tribunal dismissed the earlier wage deduction claims (November 2018 to May 2023) and the dismissal-related claims (automatic unfair dismissal, unfair dismissal, and notice pay). However, it found in favour of the claimant on unpaid wages for October to November 2023 (£2242), holiday pay (£2500), and awarded two weeks' gross pay (£1153.80) for the respondent's failure to provide written employment particulars under section 38 Employment Act 2002.
Practical note
Even when dismissal claims fail, claimants can succeed on wage-related claims, and employers face automatic penalties for failing to provide written employment particulars at the commencement of proceedings.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3303913/2024
- Decision date
- 27 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Name
- Boyton Hall Ltd
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- No