Mrs L Waite v Regency Oak Landscapes Limited — 2025

The claimant, Mrs Leanne Waite, brought claims against her former employer Regency Oak Landscapes Limited for unauthorised deductions from wages and unpaid holiday pay, together with a claim arising from the respondent's failure to provide a written statement of employment particulars. The tribunal, sitting as Employment Judge Siddique alone at Nottingham by CVP on 16 May 2025, heard evidence from the claimant and from Mr Philip Decosimo, a director of the respondent.

On unauthorised deductions, the judge found that the claimant had established unpaid wages for three days (2 May, 17 June, 5 July and 11 July 2024) at an agreed daily rate of GBP 115.38, producing GBP 346.14, which after an overpayment of GBP 118.71 left a net deduction of GBP 227.43 owed. On holiday pay, both parties agreed 14.8 days had accrued and the payslips showed 6 days had been paid, leaving 8.8 days (GBP 1015.34) due under the Working Time Regulations 1998. The claimant's application for an ACAS uplift was refused because the judge was not satisfied the WhatsApp messages relied on amounted to a grievance, and her claim for reimbursement of bank charges was not made out as causation to the unpaid wages was not established.

The respondent accepted it had failed to provide a written statement of particulars contrary to s.1 ERA 1996, and the tribunal made an award of two weeks' gross pay (GBP 1153.80) under s.38 Employment Act 2002, declining to increase the award to four weeks having regard to the respondent being a small employer of approximately three people with no separate HR function. The total gross award was GBP 2396.57.