Claimant v Housechoice Heating Ltd
Outcome
Individual claims
The tribunal found that the second respondent made unauthorised deductions from wages for pay periods ending 31 October 2023 and 27 November 2023. The claimants were entitled to payment of their wages which had been unlawfully withheld.
The tribunal found that the second respondent made unauthorised deductions in respect of accrued but untaken holiday at the date employment ended on 27 November 2023. The claimants were entitled to payment for this accrued holiday.
The complaint of breach of contract in relation to notice pay was well-founded. The claimants were entitled to one month's notice pay each which was not provided. Additionally, Mr Ciupka incurred financial losses of £700 as a consequence of the breach.
Facts
Three claimants brought claims against two respondent companies in relation to unpaid wages, holiday pay and notice pay. The claimants' employment ended on 27 November 2023. They were not paid for October 2023 or November 2023. The tribunal found the claimants were employed by the second respondent (Housechoice Ltd) not the first respondent, though the first respondent had paid tax to HMRC on behalf of the second respondent. The respondents did not appear at the hearing.
Decision
The tribunal dismissed claims against the first respondent but found all claims against the second respondent well-founded. The second respondent was ordered to pay unpaid wages for October and November 2023, accrued holiday pay, one month's notice pay to each claimant, and £700 damages to Mr Ciupka for financial losses. Total awards ranged from approximately £8,000 to £10,400 per claimant.
Practical note
Employers who fail to pay wages, holiday pay or notice pay will be liable for the full amounts owed, and related companies may have distinct liabilities depending on which entity was the actual employer.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200181/2024
- Decision date
- 27 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep