Cases6011350/2024

Claimant v Mr M U Shafiq

17 February 2025Before Employment Judge A. M. S. GreenEast Londonremote video

Outcome

Claimant succeeds£1,067

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from wages well-founded. The respondent had deducted £142.98 from the claimant's wages without proper authorisation. As the respondent failed to file a defence and did not attend, judgment was made under Rule 22 in favour of the claimant.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract in relation to notice pay well-founded. The respondent failed to provide proper notice pay to the claimant. The tribunal calculated damages at £306.76 based on gross pay to reflect the tax treatment of Post Employment Notice Pay.

Othersucceeded

The tribunal found that the respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 for the period 3 June 2024 to 8 July 2024. This was established through the claimant's evidence at the Rule 22 hearing.

Othersucceeded

The tribunal found the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances making an award unjust, but did not find it just and equitable to make the higher four-week award. Therefore a two-week award of £617.52 was made under section 38 Employment Act 2002.

Facts

The claimant was employed by the respondent until 8 July 2024. During employment, the respondent failed to provide itemised payslips for the period 3 June to 8 July 2024 and failed to provide a written statement of employment particulars. On termination, the respondent made unauthorised deductions of £142.98 from wages and failed to pay notice pay. The respondent failed to file a defence (ET3) or attend the hearing.

Decision

The tribunal made a Rule 22 default judgment in favour of the claimant on all claims. The respondent was ordered to pay £142.98 for unlawful deductions, £306.76 for breach of contract (notice pay), and a statutory award of £617.52 (two weeks' gross pay) for failure to provide written employment particulars, totalling £1,067.26.

Practical note

Rule 22 default judgments are made when a respondent fails to file a defence, and tribunals will accept the claimant's case if supported by evidence, including awarding statutory penalties for administrative failures.

Award breakdown

Notice pay£307
Unpaid wages£143

Legal authorities cited

Statutes

ERA 1996 s.8Employment Act 2002 s.38

Case details

Case number
6011350/2024
Decision date
17 February 2025
Hearing type
rule 21
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Employment details

Claimant representation

Represented
No