Mr W Balmer v Represented by Mr J Dennis CAS Representative Stewartry Rollershutter & Garage Doors Ltd — 2025

The tribunal upheld the claimant’s breach of contract claim and found that the respondent had failed to pay wages for work undertaken between 28 August 2023 and 25 February 2024. It ordered payment of £6,100.55 net as damages for breach of contract.

It also upheld the claimant’s claim under s23 ERA 1996, finding an unlawful deduction from wages contrary to s13 ERA 1996 in respect of accrued but untaken holiday entitlement that ought to have been paid on termination. The respondent was ordered to pay £1,191.53 gross for that head of claim.

The tribunal further found that the respondent had not given the claimant a written statement of particulars of employment under s1 ERA 1996, and had also failed to provide written itemised pay statements under s8 ERA 1996. In consequence of the successful Schedule 5 Employment Act 2002 claim and the failure to issue the written statement, the tribunal awarded two weeks’ pay under s38(3) Employment Act 2002, calculated at £561.25 per week and totalling £1,122.50. No monetary award was made for the itemised pay statement failure. The tribunal also directed that income tax and employee National Insurance could be deducted from the gross sum at paragraph 2 if required by law.