Ms Diana Adomaitis v Black Arrow Financial Solutions — 2024

Ms Diana Adomaitis brought the claim against Black Arrow Financial Solutions. The respondent did not appear at the final hearing, so the case proceeded undefended under Rule 21. The tribunal accepted the claimant as a credible and reliable witness and noted that the documentation used different versions of the respondent's name, but was satisfied that the trading name used in the proceedings was sufficient for judgment.

The tribunal found that the claimant had not been paid salary for June and July 2023 and for 1 to 26 August 2023. It concluded that the sums due totalled £12,604.16, awarded gross and subject to appropriate statutory deductions, and held that those unpaid sums were each unlawful deductions from wages under section 13 of the Employment Rights Act 1996 and breaches of contract.

The tribunal also found that a contractual bonus of £1,000 had been confirmed to the claimant on 21 December 2022 and had not been paid. It awarded that sum gross, subject to statutory deductions, and treated it as a sum due on termination within the Employment Tribunals (Extension of Jurisdiction) (Scotland) Order 1994. It further found that the car-allowance payments of £500 per month had ceased after April 2023 and awarded £2,384.62 without deduction for the unpaid allowance.

The claimant asked for compensation for mental distress and financial consequences, but the tribunal said it did not have jurisdiction to make such an award. It considered the possibility of a financial penalty under section 12A of the Employment Tribunals Act 1996, but deferred that question for one month to allow the respondent to make written representations, including on financial circumstances, by 4pm on 22 January 2024.