Cases4106895/2023

Claimant v Axle Groups Services Limited

18 September 2024Before Employment Judge E MannionScotlandremote video

Outcome

Claimant succeeds£4,676

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found that the respondent made unauthorised deductions by failing to pay the claimant for work carried out between 11 September and 25 October 2023, contrary to Section 13 of the Employment Rights Act 1996.

Breach of Contractsucceeded

The respondent failed to pay an agreed signing bonus of £250, with liability accepted by Mr Cox at the preliminary hearing on 5 June 2024.

Holiday Paysucceeded

The respondent failed to pay the claimant for accrued but untaken leave on termination of employment, contrary to Regulation 14 of the Working Time Regulations 1998.

Othersucceeded

The respondent failed to provide pay slips to the claimant in respect of her employment, contrary to Section 8 of the Employment Rights Act 1996, resulting in a penalty under Section 12(4).

Facts

Miss Juskaite worked for Axle Groups Services Limited between September and October 2023. The respondent failed to pay her for work done during this period, failed to pay an agreed signing bonus, made late payment of her September salary without compensating her as agreed, and did not pay her for accrued holiday on termination. The respondent also failed to provide pay slips throughout her employment. Mr Cox from the respondent accepted liability for the signing bonus at a preliminary hearing on 5 June 2024, but the respondent did not attend the final hearing.

Decision

The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay £3,311.01 for unauthorised deductions from wages, £250 signing bonus, £316.25 late payment compensation, £299.01 for unpaid holiday, and a £500 penalty for failure to provide pay slips, totalling £4,676.27.

Practical note

Employers who fail to pay wages and provide basic statutory documentation face substantial liability, and non-attendance at tribunal does not prevent judgment being entered against them on the evidence presented.

Award breakdown

Holiday pay£299
Arrears of pay£3,311

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.8ERA 1996 s.12(4)Working Time Regulations 1998 reg.14

Case details

Case number
4106895/2023
Decision date
18 September 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
No

Claimant representation

Represented
No