Claimant v Atlantic Corporation (UK) Limited
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant for 64 hours worked in September 2023 at minimum wage (£10.42 per hour), amounting to £666.88. The respondent provided no evidence to contradict this and did not attend the hearing. However, claims for deductions in July and August 2023 (relating to DWP payments) were brought out of time and also fell within the statutory exception under s.14(3) ERA 1996.
The breach of contract claim for the July and August 2023 deductions failed because they were subject to the same time limit issues as the unlawful deduction claim, and because the respondent was statutorily required to make the deductions under a Direct Earnings Attachment Notice from the DWP.
Facts
The claimant worked part-time (16 hours per week) at the respondent's laundromat at minimum wage. She was not paid for 64 hours worked in September 2023. She also claimed that £35.71 was deducted from her pay in July and August 2023 to be paid to DWP but was allegedly not paid on. The respondent counterclaimed for losses arising from the claimant's alleged failure to give proper notice and taking unauthorised leave. The respondent failed to comply with case management orders and did not attend the final hearing, citing burglaries at the shop and family health issues.
Decision
The tribunal upheld the claim for unpaid wages in September 2023, awarding £666.88 gross. The claims regarding July and August 2023 deductions were dismissed as out of time and in any event fell within the statutory exception for deductions required by DWP. The respondent's counterclaim was dismissed for lack of particularisation and evidence.
Practical note
Respondents who fail to attend hearings and comply with case management orders risk having claims decided against them on the available evidence, and their own counterclaims dismissed for lack of particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2200429/2024
- Decision date
- 28 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- Laundromat worker
Claimant representation
- Represented
- No