Claimant v Euro Foods Group Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages during his suspension period from 28 February 2024 to 22 March 2024. The claimant was entitled to his basic salary during suspension, calculated at £1,000 gross per day. The respondent had paid £3,026.45 but owed a further £1,265.86.
The tribunal found that the complaint of unauthorised deductions in respect of holiday pay for the 2022 and 2023 calendar years was not well-founded and dismissed this element of the claim.
By consent, the tribunal found the complaint in respect of holiday pay for the 2024 calendar year was well-founded. The respondent made an unauthorised deduction of £1,100 from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended.
Facts
The claimant was suspended from 28 February 2024 to 22 March 2024, a period of 18 working days. During this suspension, the respondent failed to pay the claimant his full basic salary entitlement. The claimant earned £1,000 gross per day based on an annual salary calculated over 260 working days. The respondent also failed to pay the claimant for accrued but untaken holiday pay in 2024, though claims for 2022 and 2023 holiday pay failed. The respondent unreasonably failed to comply with the ACAS Code on disciplinary procedures.
Decision
The tribunal found the claimant was entitled to be paid his basic salary during suspension, calculated as £4,292.31 for 18 working days, of which £1,265.86 remained unpaid. The tribunal also found by consent that the respondent owed £1,100 in accrued holiday pay for 2024. A 10% ACAS uplift was applied to both awards for the respondent's unreasonable failure to follow the ACAS Code. Total award: £2,602.
Practical note
Employers must pay employees their basic salary during suspension and ensure ACAS Code compliance, or face uplift on awards for unlawful deductions from wages.
Award breakdown
Award equivalent: 0.5 weeks' gross pay
Adjustments
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. A 10% uplift was applied to both the suspension pay award and the holiday pay award.
Legal authorities cited
Statutes
Case details
- Case number
- 6007250/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- food manufacturing
- Represented
- Yes
- Rep type
- barrister
Employment details
- Salary band
- £100,000+
Claimant representation
- Represented
- Yes
- Rep type
- barrister