E Davidson v Ness Drinks Limited — 2026

Employment Judge A Kemp issued judgment on the available material under Rule 22 of the Employment Tribunal Procedure Rules 2024 because Ness Drinks Ltd had not presented a response. The tribunal found that the respondent had made an unauthorised deduction from E Davidson's wages by failing to pay the full November wages due. It awarded £1,389.58 gross, being monthly wages of £2,314.58 less £925 already paid.

The tribunal also found that unpaid holiday entitlement amounted to an unauthorised deduction from wages. It awarded £680 gross for five days at eight hours per day and £17 per hour. The claimant had been dismissed in breach of contract in respect of notice, for which the tribunal awarded £1,068.27 in damages, calculated as two weeks' gross pay using monthly wages of £2,314.58.

The respondent had also failed to provide written pay statements. The tribunal awarded £1,360 gross, described as two weeks' pay under section 38 of the Employment Act 2002. It had no information suggesting that a higher award under that section would be just and equitable.

The total award was £4,497.85. The judgment permitted deductions for income tax and employee National Insurance contributions where required by law, provided the respondent remitted those sums to HMRC and supplied the claimant with written evidence of the deductions and remittance.