Mr Kae Tran v Treat Yard Limited (formerly known as THC South West Limited) — 2025

The respondent was notified of the final hearing, had filed a response, but did not attend or send representation. The tribunal therefore proceeded in its absence under Rule 47 of the Employment Tribunal Procedure Rules 2024. It first found that the complaint was presented within time under section 23 of the Employment Rights Act 1996, because the last deduction in the wage series was on 31 August 2024 and the claim was filed on 28 November 2024.

The tribunal upheld the unlawful deduction from wages complaint under section 23 ERA 1996. It found unauthorised deductions of £5,826.40 from net wages between 1 April 2024 and 31 August 2024. The respondent had repaid £4,819.56, leaving £1,006.84 outstanding, and the tribunal also awarded £300 under section 24(2) ERA 1996 for financial loss attributable to the deduction, making £1,306.84 in total on that complaint.

The holiday pay complaint under regulation 30 of the Working Time Regulations 1998 was also well-founded. The tribunal found an unauthorised deduction of £349.60 for holidays accrued but untaken at termination, but recorded that the respondent had repaid that amount in full, so no further payment was ordered.

Two breach of contract claims under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 also succeeded. The first was for one week’s notice pay, because the claimant was entitled to notice and was dismissed without lawful notice; the tribunal ordered £468. The second was for missing pension contributions of £30.47 for May 2024 and £64.56 for June 2024; the tribunal ordered £95.03. The judgment sum was £1,869.87.

The tribunal also recorded the respondent’s ET3 statement that it had an arrangement with The Pensions Regulator to repay the missing pension sums, and directed the claimant to provide a copy of the judgment to the regulator if needed in relation to any enquiry or correspondence about those contributions.