Ms C Sabaroche v Adaline Recruitment Ltd: 6016095/2024
JUDGMENT
The judgment of the Tribunal is as follows: Unlawful deduction of wages contrary to section 13(1) Employment Rights Act 1996[1]The complaint of unauthorised deductions from wages is well-founded.[2]The Respondent unlawfully failed to pay the claimant wages in respect of 24.75 hours worked in May 2024 at £11.50 per hour gross of tax and national insurance. This amounts to a total of £284.63 unlawfully deducted.[3]The Respondent must pay the Claimant the gross sum of £284.63.[4]The Claimant is responsible for paying any tax or National Insurance. Failure to provide a written statement of employment particulars[5]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay.[6]The arrangement between the Respondent and the Claimant was that the Claimant would work a maximum of 10 hours per week at £11.50 per hour gross of tax and national insurance. Therefore, two weeks’ pay is £11.50 x 10 x 2 which equals £230.[7]In accordance with section 38 of the Employment Act 2002 the Respondent shall therefore pay the Claimant £230. Additional Damages[8]The Claimant made an application for damages for injury to feelings and for aggravated damages together totalling £10,519.[9]These are refused and therefore there is no order in relation to them. Costs[10]Before the hearing the Claimant made an application for costs, in the event that her appeal succeeded.[11]Her application was that she incurred legal fees totalling £1,500 charged by a qualified lawyer in assisting her to prepare her case, albeit that in an effort to reduce costs her legal representative did not attend the hearing.[12]Pursuant to rule 74 of the Employment Tribunal Procedure Rules 2024, it is ordered that the Respondent (the paying party) must pay to the Claimant (the receiving party) the specified amount of £1,500 in respect of the legal costs that the receiving party had reasonably incurred. The reason for the Tribunal making this order is that pursuant to rule 76(2)(a) and (b) respectively, the Respondent acted unreasonably in seeking to defend the claim because its response to the claim had no reasonable prospect of success. Employment Judge M Da Costa 27 November 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.