Cases6008322/2024

Claimant v Little Robins Nursery & Preschool Limited

25 February 2025Before Employment Judge L Howden-EvansLondon Eastremote video

Outcome

Claimant succeeds£1,307

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions from the claimant's wages totalling £339.05 in the period April to May 2024. The respondent did not attend to defend the claim and the tribunal was satisfied the deductions were unauthorised.

Breach of Contractsucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay notice pay. The claimant was awarded £429 representing damages for this breach, calculated on a gross basis as post-employment notice pay.

Holiday Paysucceeded

The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant £199.91 for holidays accrued but not taken when employment ended. This was an unlawful failure to pay accrued holiday entitlement.

Othersucceeded

The tribunal found the respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 during April to May 2024. Under section 12(4) ERA 1996, an additional award of £339.05 was made in respect of the unnotified deductions.

Facts

The claimant was employed by Little Robins Nursery & Preschool Limited. In April and May 2024, the respondent made unauthorised deductions from her wages totalling £339.05 and failed to provide itemised pay statements. When the claimant's employment ended in May 2024, the respondent failed to pay notice pay and accrued but untaken holiday pay. The respondent did not attend the hearing to defend the claims.

Decision

The tribunal upheld all of the claimant's claims, finding the respondent had made unauthorised wage deductions, failed to pay notice pay and holiday pay, and failed to provide itemised pay statements. The claimant was awarded a total of £1,307.01 comprising unpaid wages, notice pay, holiday pay and an additional award for failure to provide pay statements.

Practical note

Where a nursery employer fails to attend a hearing, a self-represented claimant can successfully prove multiple wage claims and recover not only the unpaid amounts but also additional awards for failure to provide pay statements.

Award breakdown

Notice pay£429
Holiday pay£200
Unpaid wages£339

Legal authorities cited

Statutes

ERA 1996 s.8ERA 1996 s.12(4)Employment Tribunals (Interest) Order 1990 Article 3(1)

Case details

Case number
6008322/2024
Decision date
25 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No