Claimant v Mr Michael Powell
Outcome
Individual claims
The tribunal found that the Second Respondent (M & S Powell Ltd) made an unauthorised deduction from the claimant's wages in the period between 6th November and 26th December 2023, and ordered payment of £285.04. The claim against the First Respondent (Mr Michael Powell) was dismissed, indicating he was not the employer.
Facts
The claimant, Miss Emily Harris, brought a claim for unauthorised deductions from wages against two respondents: Mr Michael Powell and M & S Powell Ltd. The employment relationship ended on or around 26th December 2023. The claimant alleged that wages were unlawfully deducted during the period between 6th November and 26th December 2023. Both parties appeared in person at the remote video hearing.
Decision
The tribunal found the complaint of unauthorised deductions from wages well-founded against the Second Respondent (M & S Powell Ltd) only. The tribunal ordered M & S Powell Ltd to pay the claimant £285.04 gross. The claim against the First Respondent (Mr Michael Powell) was dismissed, suggesting he was not the proper employer.
Practical note
When bringing claims for unpaid wages, claimants must correctly identify the employing entity; a claim against an individual director or owner will be dismissed if the company is the actual employer.
Award breakdown
Case details
- Case number
- 1401424/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No