Claimant v Everything Trading Limited
Outcome
Individual claims
The Respondent admitted the claim for unlawful deduction of wages relating to the period 2 February 2024 until 2 March 2024. The tribunal found in favour of the Claimant and awarded the full amount claimed.
The Respondent admitted the claim for holiday pay. The tribunal found in favour of the Claimant and awarded the full amount claimed for accrued but untaken holiday.
The Claimant claimed automatic unfair dismissal based on asserting a statutory right. The tribunal found this claim was not established and dismissed it.
Facts
Mrs Perry was employed by Everything Trading Limited until 2 March 2024. She brought claims for unpaid wages for the period 2 February to 2 March 2024, unpaid holiday pay, and automatic unfair dismissal based on asserting a statutory right. The Respondent admitted the wage and holiday pay claims. The Respondent had also failed to provide the Claimant with a written statement of employment particulars at the commencement of proceedings.
Decision
The tribunal found in favour of the Claimant on her admitted claims for unpaid wages (£1,526.53) and holiday pay (£322.39). The automatic unfair dismissal claim failed. The tribunal made an additional award of two weeks' pay (£677.30) for the Respondent's breach of duty to provide written particulars of employment.
Practical note
Employers who fail to provide written statements of employment particulars face automatic awards of 2-4 weeks' pay if employees succeed on other claims, even if those claims are admitted and uncontested.
Award breakdown
Case details
- Case number
- 2303015/2024
- Decision date
- 28 January 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
- Rep type
- self
Employment details
Claimant representation
- Represented
- No