Cases2601863/2024

Claimant v Lincs Recycling (2024) Ltd

28 January 2025Before Employment Judge HutchinsonLincolnremote video

Outcome

Claimant succeeds£5,034

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unlawful deduction from the claimant's wages. The tribunal ordered the respondent to pay the claimant £4,118.40 gross, representing wages that had been unlawfully withheld.

Breach of Contractsucceeded

The tribunal found that the claimant was dismissed in breach of contract in respect of notice. The respondent failed to provide proper notice or payment in lieu of notice, and the tribunal awarded one week's pay of £457.60 as compensation.

Holiday Paysucceeded

The tribunal found that the respondent failed to pay the claimant his accrued holiday entitlement upon termination of employment. The tribunal ordered payment of £457.60 representing the unpaid holiday pay owed.

Facts

Mr Tysoe worked for Lincs Recycling (2024) Ltd and brought claims for unlawful deduction of wages, breach of contract regarding notice, and unpaid holiday entitlement. The claimant appeared in person while the respondent was represented by its director, David Cutten. The hearing was conducted remotely by CVP at Lincoln Employment Tribunal.

Decision

The tribunal upheld all three claims brought by the claimant. The respondent was ordered to pay £4,118.40 for unlawful deduction of wages, £457.60 for notice pay representing one week's wages, and £457.60 for unpaid holiday entitlement, totalling £5,033.60.

Practical note

Employers must ensure they pay all wages owed, provide contractual notice or payment in lieu, and pay accrued holiday entitlement upon termination to avoid liability for multiple breaches.

Award breakdown

Notice pay£458
Holiday pay£458
Unpaid wages£4,118

Case details

Case number
2601863/2024
Decision date
28 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
waste management
Represented
No
Rep type
self

Employment details

Claimant representation

Represented
No