Case 8001094/2024 · Employment Tribunal
ETZ 4(WR) IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) Judgment of the Employment Tribunal in Glasgow Based Undefended Case Number 8001094/2024 Heard on the Cloud Based Video Platform on th October 2024 at pm Employment Judge J G d’Inverno Mr T Houston
The claimant, Mr Houston, worked for Fenix Battery Recycling Ltd from 23 August 2023 until 23 May 2024 at a gross hourly rate of £11.44. The respondent did not lodge an ET3 and did not appear at the undefended final hearing. The tribunal accepted the claimant's sworn evidence and the payslips he produced; where the December 2023 payslip was absent, his oral evidence was accepted as credible and reliable. The tribunal also recorded that the company had said it was being placed into liquidation, but held that this did not affect the claimant's ability to pursue the case or the tribunal's jurisdiction.
For the pay period 1 to 31 May 2024, the claimant had worked 121.25 hours and had 30.816 hours of accrued but untaken holiday at the effective date of termination. The tribunal found that £1,546.35 net was due on 31 May 2024 for wages and holiday pay, that the respondent retained that sum, and that this was an unauthorised deduction from wages contrary to section 13 of the Employment Rights Act 1996. The respondent was ordered to pay £1,546.35.
The tribunal also found that the contract required the respondent to make the claimant's NEST (RAS) pension deductions. Between December 2023 and May 2024 deductions totalling £346.30 were taken from wages but not paid into the pension fund. That conduct was found to be a breach of contract and, separately, an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996. The tribunal quantified the amount at £346.30 and ordered it to be paid on that issue.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Net wages and accrued holiday pay for 1 to 31 May 2024; the tribunal found £1,546.35 had been retained by the respondent contrary to section 13 of the Employment Rights Act 1996. | Upheld | — | £1,546 |
| Breach of contract | Pension deductions taken between December 2023 and May 2024 and not paid into the claimant's NEST (RAS) pension fund; damages were quantified at £346.30. | Upheld | — | £346 |
| Unlawful deduction from wages | The tribunal separately held that the retention of the pension deductions also constituted an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996; the judgment did not indicate any additional sum beyond £346.30 for that issue. | Upheld | — | £346 |
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