Claimant v Providence Travel Ltd
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages in respect of February and March 2024, totalling £3000 gross. The respondent was ordered to pay this sum in full.
The tribunal found that the claimant was entitled to one week's notice pay. However, this amount was already accounted for in the award for unauthorised deductions from wages, so no additional sum was awarded for notice pay specifically.
The tribunal found that the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The respondent was ordered to pay £975 in accrued holiday pay.
Facts
The claimant was employed by the respondent, a travel company. His employment ended and the respondent made unauthorised deductions from his wages for February and March 2024 totalling £3000, failed to pay one week's notice pay, and failed to pay accrued holiday pay of £975. The respondent also failed to provide the claimant with a written statement of employment particulars and failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
Decision
The tribunal found all the claimant's claims well-founded. The respondent was ordered to pay £3000 for unauthorised wage deductions (which included the notice pay), £975 for unpaid holiday pay, a 10% ACAS uplift of £397.50, and a penalty of £1500 (four weeks' pay) for failing to provide written employment particulars. Total award: £5872.50.
Practical note
Employers who fail to pay wages, provide statutory employment particulars, or follow ACAS procedures face not only payment of the amounts owed but also significant statutory penalties and uplifts that can substantially increase the final award.
Award breakdown
Adjustments
Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. A 10% uplift was applied to the compensatory award.
Legal authorities cited
Statutes
Case details
- Case number
- 6009763/2024
- Decision date
- 7 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
- barrister