Claimant v ONS Ultimate Holdings Ltd
Outcome
Individual claims
The tribunal found the complaint in respect of arrears of pay, being unlawful deductions, to be well-founded. The respondent failed to pay the claimant wages owed during the employment relationship.
The tribunal found the complaint well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.
The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period 1 April to 28 May 2023. The tribunal ordered compensation for unnotified deductions made in the 13 weeks prior to presentation of the claim form.
Facts
Mr Gaspar, a Portuguese-speaking claimant, was employed by ONS Ultimate Holdings Ltd until 28 May 2023. During his employment from 1 April to 28 May 2023, the respondent failed to pay arrears of wages totaling £3,622.32, failed to pay holiday pay of £1,031.26 for accrued but untaken leave, and failed to provide itemised pay statements as required by law. The respondent did not attend the tribunal hearing.
Decision
The tribunal found all three complaints well-founded. The respondent was ordered to pay £3,622.32 in arrears of wages, £1,031.26 in holiday pay, and a further £3,622.32 for unnotified deductions due to failure to provide itemised pay statements, totaling £8,275.90 gross of tax.
Practical note
Employers must provide itemised pay statements and can face additional penalties equal to unnotified deductions if they fail to comply with section 8 ERA 1996, effectively doubling their liability for wage arrears.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1305243/2023
- Decision date
- 25 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No