Claimant v Namto Ltd — 2021

The claimant, Mr Sarunas Puidokas, brought claims for unlawful deduction from wages, breach of contract in respect of notice, and accrued but untaken holiday pay. The respondent filed no response. The hearing was conducted remotely by CVP, and the claimant gave evidence under oath. The tribunal found that he had been employed by the respondent from 18 February 2020 until 21 June 2020.

On the merits, the tribunal found that £1,753 of pay due to the claimant had not been paid without any lawful and valid reason, so there had been an unauthorised deduction from wages. It also found that, at termination, the claimant had accrued but untaken annual leave and had not been paid for it after termination as he should have been. The tribunal fixed that holiday pay entitlement at £431.10.

The tribunal also found that the claimant had not been given notice of termination and had not been paid in lieu of notice, and that he was entitled to one week's notice. However, it held that it had no jurisdiction to determine the breach of contract claim because it had not been presented within the time required by paragraph 7 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994. The reasons section states that the time calculation used 20 and 21 October 2010, which appears inconsistent with the rest of the judgment and is treated here as a typographical error.

The judgment therefore upheld the wage deduction and holiday pay claims, declined the notice claim for want of jurisdiction, and ordered the respondent to pay the awarded sums within 14 days of the judgment being sent to the parties.