Miss M Ahlam v Nexus Accountants Ltd — 2021

Miss M Ahlam brought claims against Nexus Accountants Ltd for unlawful deduction from wages, unpaid holiday pay, and an award under s38 Employment Act 2002 for failure to provide written particulars of employment. The claimant gave evidence and produced payslips showing employment and payments made by the respondent. The respondent had not filed a response in time and, because no application to extend time had been made before the hearing, it was not allowed to give evidence or make submissions in defence.

The tribunal found the unlawful deduction from wages claim well founded and the unpaid holiday pay claim well founded, but ordered £0 on each head because the respondent had already paid what was owed. The brief reasons record that the respondent paid £2,808.54 on the morning of the hearing to settle those two claims.

On the written particulars claim, the tribunal accepted the claimant's evidence that no written particulars had been supplied despite repeated requests. Taking all the circumstances into account, Employment Judge Fredericks considered it just and equitable to award the higher amount under s38(4)(b) Employment Act 2002, namely four weeks' pay. That was calculated at the claimant's weekly rate of £300, producing an award of £1,200.