Cases6015017/2024

Claimant v Inflyter UK Limited

25 February 2025Before Employment Judge L WilsonLondon Southremote video

Outcome

Claimant succeeds£9,923

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to pay the claimant her salary for July 2024 and August 2024, totalling £7,500 gross (£3,750 per month). The tribunal found these deductions to be unauthorised under section 13 of the Employment Rights Act 1996.

Holiday Paysucceeded

The respondent failed to pay the claimant's holiday pay entitlement of £2,423.08 gross which was due to be paid in her August 2024 wages. The tribunal found this to be an unauthorised deduction from wages.

Facts

The claimant was employed by Inflyter UK Limited and was owed salary for July and August 2024 at £3,750 gross per month. She was also owed holiday pay of £2,423.08 that should have been paid in August 2024. The respondent failed to present a valid response despite the claim form being served twice at the registered office address. The respondent remained an active company but did not attend the hearing.

Decision

The tribunal proceeded under Rule 22 in the absence of the respondent. Employment Judge Wilson found that the respondent had made unauthorised deductions from the claimant's wages and ordered the respondent to pay £9,923.08 gross (£7,453.60 net after deductions) comprising unpaid salary and holiday pay.

Practical note

Default judgments under Rule 22 can be granted where a respondent fails to respond or attend, and the tribunal will determine remedy based on the claimant's evidence, including calculating net amounts after applicable deductions.

Award breakdown

Holiday pay£2,423
Unpaid wages£7,500

Award equivalent: 11.5 weeks' gross pay

Legal authorities cited

Statutes

ERA 1996 s.13

Case details

Case number
6015017/2024
Decision date
25 February 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Salary band
£40,000–£50,000

Claimant representation

Represented
No