Cases2409670/2023

Claimant v Innovate Agriculture Technologies Limited

7 February 2025Before Employment Judge Phil AllenManchesterremote video

Outcome

Partly successful£92,550

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the first respondent made unauthorised deductions from the claimant's wages during the period from 1 March 2023 to 1 April 2024. The claimant was employed by and engaged as a worker of the first respondent at the material time, and the deductions were not properly authorised.

Holiday Paypartly succeeded

The tribunal found that the first respondent failed to pay the claimant for ten days of accrued but untaken annual leave as required by the Working Time Regulations 1998. However, the claim for holiday pay relating to previous holiday years (prior to 2024, save for three days carried over) was not well-founded and dismissed.

Unlawful Deduction from Wagesfailed

All claims against the second respondent were dismissed because the tribunal found that the claimant was neither employed under a contract of employment nor engaged as a worker by the second respondent at the time material to the claims.

Holiday Payfailed

All claims against the second respondent were dismissed because the tribunal found that the claimant was neither employed under a contract of employment nor engaged as a worker by the second respondent at the time material to the claims.

Facts

The claimant Ms Otunba-Payne brought claims for unauthorised deduction of wages and holiday pay against two related companies: Innovate Agriculture Technologies Limited and Innovate Technologies Limited. The claimant was employed by the first respondent from at least March 2023 to April 2024. During this period, the first respondent made deductions from her wages totalling £89,607.40 and failed to pay for accrued but untaken annual leave.

Decision

The tribunal found that the claimant was an employee and worker of the first respondent only. The claims against the first respondent for unauthorised deductions and holiday pay (for 10 days in the 2024 holiday year) succeeded. Claims for holiday pay relating to earlier years were dismissed. All claims against the second respondent were dismissed as there was no employment or worker relationship. The first respondent was ordered to pay £92,549.79 in total.

Practical note

Employers must properly authorise wage deductions and pay for accrued untaken holiday on termination, but claims for historic holiday pay from previous years may fail if not brought in time or properly particularised.

Award breakdown

Holiday pay£2,942
Unpaid wages£89,607

Legal authorities cited

Statutes

Working Time Regulations 1998

Case details

Case number
2409670/2023
Decision date
7 February 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
agriculture
Represented
Yes
Rep type
in house

Claimant representation

Represented
Yes
Rep type
barrister