Claimant v Craigs of Cumbernauld Ltd
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimant's wages under section 13 of the Employment Rights Act 1996 by omitting to pay the claimant his full annual leave entitlement under Regulation 14 of the Working Time Regulations 1998.
The tribunal found that the respondent failed to pay the claimant accrued annual leave pay to which he was entitled under the Working Time Regulations 1998, constituting a breach of his statutory entitlement.
The tribunal found that the respondent was in breach of contract by not paying the claimant wages due to him and for accrued annual leave pay, awarding damages for the breach.
Facts
Mr Molloy brought claims against his former employer Craigs of Cumbernauld Ltd for unpaid wages and holiday pay. The respondent had failed to pay the claimant his full annual leave entitlement and wages due to him upon termination of employment. The matter proceeded to a final hearing conducted remotely via CVP.
Decision
The tribunal found in favour of the claimant on all claims, ruling that the respondent had made unauthorised deductions from wages by failing to pay holiday entitlement, and had breached the claimant's contract. The tribunal awarded £1,099.20 gross to be paid net after deduction of tax and national insurance.
Practical note
Employers must ensure full payment of accrued holiday pay and wages on termination to avoid liability for unauthorised deductions and breach of contract claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8001681/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No