Claimant v Leslie Brown Contracting Limited
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages for December 2022 and January 2023, in breach of the Employment Rights Act 1996.
The respondent failed to provide the claimant with written particulars of employment as required by section 1 Employment Rights Act 1996, entitling the claimant to an award under section 38 Employment Act 2002.
The claimant did not have the requisite qualifying period of continuous employment to bring an unfair dismissal claim. The tribunal had no jurisdiction to hear the claim.
The direct discrimination claims based on events in 2021 were presented out of time and it was not just and equitable to extend time. Claims based on the failure to pay wages in December 2022 and January 2023 were not made out on the merits.
Sexual harassment claims based on events in 2021 were presented out of time and it was not just and equitable to extend time. Claims based on the failure to pay wages in December 2022 and January 2023 were not made out on the merits.
Facts
Ms Gaines brought claims against her former employer Leslie Brown Contracting Limited, alleging unlawful deduction of wages for December 2022 and January 2023, failure to provide written particulars of employment, unfair dismissal, sex discrimination, and sexual harassment. Some of the discrimination and harassment claims related to events in 2021, while others related to the non-payment of wages in late 2022 and early 2023. The claimant was represented by her father, while the respondent company was represented by its managing director Leslie Brown.
Decision
The tribunal upheld the claimant's claims for unlawful deduction of wages (£3,267) and failure to provide written particulars (£880). However, it dismissed the unfair dismissal claim due to lack of qualifying service, struck out the 2021 discrimination and harassment claims as out of time with no just and equitable extension, and dismissed the discrimination and harassment claims based on non-payment of wages on their merits. Total award: £4,147.
Practical note
Claims for sex discrimination and harassment must be brought within strict time limits; failure to pay wages does not automatically constitute sex discrimination or harassment without evidence of a protected characteristic link.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500733/2023
- Decision date
- 14 February 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep