Claimant v Never Get Limited
Outcome
Individual claims
The respondent unlawfully deducted wages from the claimants by failing to pay accrued but untaken annual leave at the end of their employment. The respondent did not attend or defend the claims.
The respondent breached the claimants' contracts by failing to pay proper notice pay on termination. Damages were awarded for each claimant based on their contractual notice entitlement.
The respondent unlawfully deducted £457.60 from Mr Thummar's wages. The respondent did not attend or defend this specific deduction claim.
Facts
Five claimants brought claims against Never Get Limited for unlawful deduction of wages and breach of contract. The claims related to unpaid holiday pay, notice pay, and in one case an additional wage deduction. The respondent did not attend the hearing or enter an appearance. One claimant, Mr N Ali, also did not attend the hearing.
Decision
The tribunal found in favour of all claimants on their claims for unlawful deduction of holiday pay and breach of contract for notice pay. Mr Thummar also succeeded in his claim for an additional unlawful wage deduction of £457.60. Awards for Mr N Ali were left to be assessed as he did not attend.
Practical note
Where an employer fails to attend or defend claims, tribunals will grant default judgments on unlawful wage deduction and breach of contract claims based on the evidence presented by claimants.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2223374/2024
- Decision date
- 8 January 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No