Cases2304180/2024

Claimant v Apple Leisure Limited

10 February 2025Before Employment Judge YardleyLondon Southin person

Outcome

Claimant succeeds£4,214

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the Respondent made a series of unauthorised deductions from the Claimant's wages over a period from 13 November 2023 to 31 January 2025, totalling £3,383.69 gross. The complaint was well founded.

Breach of Contractsucceeded

The tribunal found that when proceedings began, the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars under section 38 Employment Act 2002. The tribunal awarded two weeks' gross pay as it was just and equitable to do so with no exceptional circumstances making such an award unjust or inequitable.

Othersucceeded

The tribunal found that the Respondent failed to give the Claimant an itemised pay statement in accordance with section 8 of the Employment Rights Act 1996. While the complaint succeeded, no separate monetary award was made in respect of this claim.

Facts

The Claimant was employed by Apple Leisure Limited and suffered a series of unauthorised deductions from his wages over a 14-month period from November 2023 to January 2025. The Respondent also failed to provide the Claimant with a written statement of employment particulars when proceedings began, and failed to provide itemised pay statements as required by law.

Decision

The tribunal upheld all three claims: unauthorised deductions from wages (£3,383.69), failure to provide written statement of employment particulars (£830.76 representing two weeks' gross pay), and failure to provide itemised pay statements (no separate award). Total award of £4,214.45 made in favour of the Claimant.

Practical note

Employers must comply with basic statutory obligations to pay wages correctly, provide written employment particulars, and issue itemised pay statements, with non-compliance resulting in financial penalties.

Award breakdown

Unpaid wages£3,384

Legal authorities cited

Statutes

ERA 1996 s.8Employment Act 2002 s.38

Case details

Case number
2304180/2024
Decision date
10 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
in house

Employment details

Claimant representation

Represented
Yes
Rep type
lay rep