Claimant v Lincs Recycling (2024) Ltd
Outcome
Individual claims
The tribunal found that the respondent had made an unlawful deduction from the claimant's wages. The claimant was entitled to payment of wages that had been withheld, and the tribunal ordered payment of the full amount claimed of £4,118.40 gross.
The tribunal found that the claimant was dismissed without proper notice. The respondent failed to provide the contractual or statutory notice period due, and the tribunal awarded one week's notice pay at £457.60 representing the breach of contract in respect of notice.
The tribunal found that the respondent had failed to pay the claimant's accrued but untaken holiday entitlement upon termination. The claimant was awarded £457.60 representing unpaid holiday pay owed under the Working Time Regulations.
Facts
Mr Tysoe was employed by Lincs Recycling (2024) Ltd and his employment was terminated. The respondent failed to pay wages totalling £4,118.40, failed to provide proper notice, and failed to pay accrued holiday entitlement. The claimant brought claims for unlawful deduction of wages, wrongful dismissal in respect of notice, and unpaid holiday pay. The matter proceeded to a one-day hearing before Employment Judge Hutchinson sitting alone.
Decision
The tribunal upheld all three of the claimant's claims. The respondent was ordered to pay £4,118.40 for unlawful deduction of wages, £457.60 for breach of contract in respect of notice (one week's pay), and £457.60 for unpaid holiday entitlement, making a total award of £5,033.60.
Practical note
Employers who fail to pay wages, notice pay, and holiday entitlement on termination will face liability for all outstanding sums, even when represented by a director at tribunal.
Award breakdown
Case details
- Case number
- 2601862/2024
- Decision date
- 28 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- self
Employment details
Claimant representation
- Represented
- No