Claimant v YVC Retail Limited
Outcome
Individual claims
The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages. The claimant succeeded in part, recovering £342.75 in net deductions, though the full amount claimed was not awarded.
The tribunal found that at the date the claim was presented, the respondent was in breach of section 1 of the Employment Rights Act 1996 (failure to provide written particulars of employment). This triggered an automatic uplift under section 38 of the Employment Act 2002 of two weeks' pay.
Facts
Mrs Gorman brought a claim against her employer, YVC Retail Limited, for unauthorised deductions from wages. At the time she presented her claim, the respondent had failed to provide her with written particulars of employment as required by section 1 of the Employment Rights Act 1996. The tribunal heard the case remotely by CVP.
Decision
The tribunal found in favour of the claimant on her wages claim, awarding £342.75 in net deductions. Additionally, because the respondent had breached section 1 ERA 1996 by failing to provide written particulars, the tribunal applied an automatic minimum uplift of two weeks' pay (£483.46) under section 38 of the Employment Act 2002, bringing the total award to £826.21.
Practical note
Employers who fail to provide written particulars of employment face an automatic penalty of 2-4 weeks' pay when employees bring qualifying tribunal claims, even if those claims are only partially successful.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6003253/2024
- Decision date
- 6 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No