Claimant v Cloud Systems Limited
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages in the period 1 May-31 May 2024. The respondent failed to attend the hearing to contest the claim and the claimant established the deduction was made without lawful authority.
The tribunal found the respondent made an unauthorised deduction by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant was entitled to payment for accrued but untaken holiday under the Working Time Regulations 1998.
Facts
The claimant was employed by Cloud Systems Limited and his employment ended on 31 May 2024. The respondent made a deduction from his wages in the period 1 May-31 May 2024 amounting to £2,083.33 gross. The respondent also failed to pay the claimant for accrued but untaken holiday when his employment ended, amounting to £1,105.77. The respondent failed to attend the hearing.
Decision
The tribunal found both claims well-founded and awarded the claimant £2,083.33 for unauthorised deduction of wages and £1,105.77 for unpaid holiday pay, totalling £3,909.06 gross. The respondent's non-attendance meant the claims were uncontested and the tribunal was satisfied based on the claimant's evidence.
Practical note
Employers who fail to defend claims and fail to pay final wages and accrued holiday pay risk default judgments against them, with claimants awarded the full amounts claimed where the evidence supports the claim.
Award breakdown
Award equivalent: 8.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6007423/2024
- Decision date
- 20 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- No
Employment details
- Salary band
- £25,000–£30,000
Claimant representation
- Represented
- No