Cases2500967/2024

Claimant v Paignton Limited

8 January 2025Before Employment Judge MorrisNewcastleremote video

Outcome

Claimant succeeds£1,951

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to pay the claimant net wages shown as due on payslips dated 5 May 2024 (£1,030.95) and 5 June 2024 (£919.97). The respondent did not attend or present a response. The tribunal found the unauthorised deductions were made contrary to section 13 of the Employment Rights Act 1996.

Otherwithdrawn

Claim regarding unpaid employee pension contributions and employer pension contributions was withdrawn by the claimant and dismissed by the tribunal.

Facts

The claimant was employed by Paignton Limited. On 5 May 2024 and 5 June 2024, the respondent processed payslips showing net pay due to the claimant of £1,030.95 and £919.97 respectively, but failed to pay these amounts. The claimant also initially brought claims regarding unpaid pension contributions but subsequently withdrew these claims.

Decision

The tribunal found the claimant's complaint of unauthorised deduction from wages well-founded. The respondent failed to attend the hearing and had not presented a response. The tribunal ordered payment of £1,950.92 representing the unpaid wages from the two payslips.

Practical note

Where an employer fails to pay wages shown as due on payslips and does not defend the claim, the tribunal will make a default judgment ordering payment of the unpaid amounts under section 13 of the Employment Rights Act 1996.

Award breakdown

Unpaid wages£1,951

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.23

Case details

Case number
2500967/2024
Decision date
8 January 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No