Claimant v 123 Group Solutions Limited T/a 123 Recruitment and Training
Outcome
Individual claims
The claimant was entitled to a gross annual salary of £30,000 and worked from 25 March 2024 until 31 May 2024 without proper payment. The respondent failed to pay the wages properly payable, constituting an unauthorised deduction under section 13 Employment Rights Act 1996. The tribunal awarded £5,125 representing the shortfall for the final week of March (£125) plus full monthly salary for April (£2,500) and May (£2,500).
Facts
The claimant was employed by the respondent recruitment company from September 2023 to January 2024 on a salary of £30,000, then re-employed on the same terms from 25 March 2024. She was paid only £500 personally by Mr Kershaw for the final week of March 2024, and received no wages at all for April or May 2024 despite working throughout both months. She protested about non-payment and resigned on 31 May 2024.
Decision
The tribunal found the respondent made unauthorised deductions from wages by failing to pay the claimant her contractual salary. The respondent failed to file a response or attend the hearing. The tribunal awarded £5,125 representing £125 shortfall for the final week of March plus £2,500 for each of April and May 2024.
Practical note
Employers who fail to pay contractual wages will face default judgments and liability for unpaid wages where they fail to defend claims, and early conciliation does not prevent claimants from succeeding on straightforward non-payment claims.
Award breakdown
Award equivalent: 8.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6007706/2024
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £30,000–£40,000
- Service
- 9 months
Claimant representation
- Represented
- No