Case 1803731/2022 · Employment Tribunal
In person v Respondent — 2023
- Case reference
- 1803731/2022
- Decision date
- 6 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Representation
- Venue
- Leeds
Parties
1 namedClaimant
In person
Respondent
- —
Key findings
Tribunal's reasoningThe Claimant alleged that the Respondent had failed to pay wages for work he had done. The Respondent did not enter a response and did not attend or appear at the hearing. The Tribunal accepted the Claimant's evidence, supported by his documentary record, that he had not been paid for 37 days at a daily rate of £100, and ordered payment of £3,700 for unauthorised deductions from wages.
The Tribunal also found that the Respondent had not provided a written statement of terms and conditions of employment. It awarded a further two weeks' pay, calculated at £600 per week, under Section 38 of the Employment Act 2002.
The Tribunal had no power to increase compensation for the Respondent's failure to provide a response to the claim. It also considered a possible uplift under Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 for failure to comply with the ACAS Code on grievances, but decided that an increase was not just and equitable in the circumstances, including the dispute between the Respondent's two directors and the fact that the grievance had received responses.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal accepted the Claimant's evidence that he had not been paid for 37 days at £100 per day and concluded that the Respondent had made unauthorised deductions from wages. | Upheld | — | £3,700 |
| Other | The Tribunal awarded two weeks' pay under Section 38 of the Employment Act 2002 for failure to provide a written statement of terms and conditions of employment. | Upheld | — | £1,200 |
Remedy
Monetary award- Total award
- £4,900
- across all upheld claims
Legal tests applied
3 references- Section 38 of the Employment Act 2002
- Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992
- ACAS Code of Practice on grievances
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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