Ms I Silova v LIG Facilities Solutions Limited — 2022

The case was heard at Manchester on 19 May 2022 before Employment Judge Sharkett. The claimant appeared in person and the respondent did not present a response. The tribunal found that the respondent had failed to pay wages owed to the claimant, and that this amounted to an unlawful deduction from wages. The tribunal therefore upheld that claim and ordered payment of £3,519, with the claimant responsible for any employee tax or national insurance due on that amount.

The tribunal also upheld the claimant’s claim for payment in lieu of holiday accrued but not taken at the date of termination. It ordered payment of £504 for that entitlement, again subject to the claimant’s responsibility for any employee tax and national insurance due. In addition, the tribunal found that the claimant had not been provided with a written statement of employment particulars, in breach of sections 1 to 6 of the Employment Rights Act 1996.

Because no reason was identified why it would not be just and equitable to do so, the tribunal made an award under section 38 of the Employment Act 2002 of two weeks’ pay for the written statement breach. That award was £1,120, subject to the claimant’s responsibility for any employee tax and national insurance due. The total award recorded by the judgment was £5,143.