Mr A Ciocan v Eaton Grove Eco Build Ltd: 6002633/2025
JUDGMENT
The complaint of unlawful deduction of wages is well-founded and succeeds. The Respondent must pay to the Claimant £1,352.00 (see reasons for calculation).REASONS
[1]The claimant was employed as a labourer by the Respondent company from 23 September 2024 to 30 October 2024. His claim is that he was not paid for the last two weeks of that work.[2]His claim was presented on 25 January 2025 after a period of ACAS Early Conciliation between 12 December 2024 and 23 January 2025.[3]The Notice of Claim and Notice of Hearing was sent to the Respondent. No response was presented within the deadline for response of 3 July 2025. I Case Number: 6002633/2025 find the Respondent to have properly been served and informed about today’s hearing.Findings of Fact
[4]I heard evidence from the Claimant. I accept his evidence. He started work as a labourer for the Respondent on 23 September 2024. He was not paid for his work from 14 October until 30 October. This means he was not paid for 2.6 weeks.[5]The Claimant was entitled to £520 net pay per week.[6]He was therefore underpaid 3.6 x £520= £1,352.00.[7]A worker has the right not to suffer a deduction of wages under section 13 of the Employment Rights Act 1996. Section 13(3) provides that a deduction occurs when wages paid are less than the wages ‘properly payable’.[8]Under section 23 a claim for such a deduction may be brought before the Employment Tribunal within 3 months of the date of the deduction (including time for Early Conciliation).[9]The unpaid wages claim was brought within time. His claim succeeds because he worked for 13 days for which he was not paid. An unlawful deduction of his wages was made.[10]The Respondent must pay to the Claimant the amount of the unlawfully deducted wages of £1,352. Notes[11]I notice from Companies House that the Respondent was dissolved on 29 July 2025. I therefore warned the Claimant that it may be difficult for him to enforce the award.