Cases2601807/2024

Claimant v Lincs Recycling (2024) Ltd

28 January 2025Before Employment Judge HutchinsonLincolnremote video

Outcome

Claimant succeeds£4,027

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made an unlawful deduction from the claimant's wages. The employer failed to pay wages owed to the claimant in the amount of £3,294.72 gross, in breach of the Employment Rights Act 1996.

Breach of Contractsucceeded

The claimant was dismissed without proper notice. The tribunal found the respondent breached the claimant's contract of employment by failing to provide notice or payment in lieu of notice, awarding one week's pay of £366.08.

Holiday Paysucceeded

The respondent failed to pay accrued but untaken holiday pay to the claimant upon termination of employment. The tribunal awarded £366.08 representing the claimant's unpaid holiday entitlement under the Working Time Regulations 1998.

Facts

Mr Jessop brought claims against his former employer Lincs Recycling (2024) Ltd for unlawful deduction of wages, breach of contract in relation to notice, and unpaid holiday pay. The respondent was represented by its director David Cutten at the hearing held remotely via CVP. The claimant appeared in person without legal representation.

Decision

The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay £3,294.72 in unlawfully deducted wages, £366.08 for breach of contract regarding notice, and £366.08 for unpaid holiday entitlement, totalling £4,026.88.

Practical note

Employers must ensure full payment of wages, proper notice, and accrued holiday pay on termination to avoid liability for basic contractual and statutory employment rights breaches.

Award breakdown

Notice pay£366
Holiday pay£366
Unpaid wages£3,295

Case details

Case number
2601807/2024
Decision date
28 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
in house

Employment details

Claimant representation

Represented
No