Claimant v Concept MEP Ltd
Outcome
Individual claims
The tribunal found that the claimant's claim for unpaid bonus was not well founded, meaning the claimant failed to establish that there was a contractual entitlement to the bonus or that an unlawful deduction had occurred.
The tribunal found that the claimant's claim for unpaid wages during his own sickness absence was not well founded, meaning the claimant failed to establish a contractual entitlement to full pay during sickness absence.
The tribunal found that the claimant's claim for unpaid wages when not working because he was attending appointments for his wife was not well founded, meaning there was no contractual obligation to pay the claimant when he was absent for these reasons.
Facts
The claimant brought claims against his employer for unlawful deductions from wages and breach of contract relating to three separate issues: an unpaid bonus, unpaid wages during his own sickness absence, and unpaid wages for time when he was not working because he was attending appointments for his wife. The hearing was conducted by video at Cambridge Tribunal.
Decision
Employment Judge Dobbie dismissed all three claims, finding that none of them were well founded. The tribunal found that the claimant had failed to establish contractual entitlements to payment in each of the three circumstances claimed.
Practical note
Claimants must establish clear contractual entitlement to wages or benefits before claiming unlawful deduction, including for bonuses, sick pay, and time off for personal reasons.
Case details
- Case number
- 3304450/2024
- Decision date
- 31 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Concept MEP Ltd
- Sector
- construction
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No