Cases2303081/2024

Claimant v Andrew Cook

24 January 2025Before Employment Judge SudraLondon South

Outcome

Claimant succeeds£359

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the claimant's claim of unauthorised deductions from wages under s.13 ERA well-founded. The respondent failed to attend the hearing to defend the claim. The tribunal awarded unpaid wages and outstanding annual leave.

Facts

Miss Bean brought a claim against her former employer Andrew Cook for unauthorised deductions from wages under s.13 of the Employment Rights Act 1996. The claim concerned unpaid wages of £165.51 and outstanding annual leave of £193.59. The respondent failed to attend the hearing to defend the claim.

Decision

The tribunal found the claimant's claim well-founded and awarded the full amounts claimed: £165.51 for unpaid wages and £193.59 for unpaid annual leave, totalling £359.10. The respondent's failure to attend meant the claim was undefended.

Practical note

Where a respondent fails to attend a hearing, the tribunal can proceed to determine claims in their absence and make awards based on the claimant's uncontested evidence.

Award breakdown

Holiday pay£194
Unpaid wages£166

Legal authorities cited

Statutes

ERA 1996 s.13

Case details

Case number
2303081/2024
Decision date
24 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No