Case 6011480/2024 · Employment Tribunal
Mr Igor da Cruz v Sona Mandhira International — 2024
- Case reference
- 6011480/2024
- Decision date
- 21 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Representation
Parties
2 namedClaimant
Mr Igor da Cruz
Respondent
Key findings
Tribunal's reasoningThe claim was determined under Rule 21 of the Employment Tribunal Procedure Rules 2013 after the respondent failed to attend the hearing or defend the claim issued on 12 September 2024. The Tribunal declined to postpone under rule 30A(2), refused an extension of time to defend, and proceeded to determine the matter on the available material.
The Tribunal found that the respondent failed to provide written itemised pay statements as required by section 8 of the Employment Rights Act 1996 between April and July 2024. The complaint of unauthorised deductions from wages was found well-founded: the respondent had not paid the claimant his wages for April, May and June 2024 (£18,750.00 gross), and had also deducted £440.28 (£146.76 across three months) from January to March 2024 wages purportedly for employee pension contributions but had not allocated those sums accordingly.
The respondent was further found to be in breach of contract for failing to make employer pension contributions for the months January to June 2024, with damages assessed at £660.42 (£110.07 x 6). The respondent was ordered to pay the claimant a total of £19,850.70, with the claimant responsible for any tax or National Insurance on the gross wage element.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Unpaid wages for April, May and June 2024; gross sum deducted ordered to be paid, with claimant responsible for tax and NI. | Upheld | — | £18,750 |
| Unlawful deduction from wages | Deductions of £146.76 x 3 from January-March 2024 wages were authorised only for employee pension contributions but were not so allocated; £440.28 ordered to be repaid. | Upheld | — | £440 |
| Breach of contract | Failure to make employer pension contributions for January to June 2024; £110.07 x 6 = £660.42 ordered as damages for breach of contract. | Upheld | — | £660 |
| Other | Finding that the respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period April to July 2024. No separate monetary award attached to this finding. | Upheld | — | — |
Remedy
Monetary award- Total award
- £19,851
- across all upheld claims
Legal tests applied
4 references- Rule 21 Employment Tribunal Procedure Rules 2013
- Rule 20 Employment Tribunal Procedure Rules 2013
- Rule 30A(2) Employment Tribunal Procedure Rules 2013
- section 8 Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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