Ms A Sydorchuk v Aspirare Resourcing Ltd: 8002456/2025
JUDGMENT
The judgment of the Employment Tribunal is that the claim under section 23 of the Employment Rights Act 1996 is well-founded and the respondent shall pay to the claimant the sum of £2,517.81, as unlawful deductions from wages.REASONS
[1]Early conciliation commenced on 25 August 2025 and the certificate was issued on 6 October 2025. The claim form was sent to the Tribunal on 13 October 2025. The claimant alleges that she is owed arrears of pay. She asserts that, from March 2025, she was not paid her full monthly salary. She resigned with effect from 14 July 2025 and states that arrears of £2,517.81 remained outstanding.[2]The response, sent to the Tribunal on 12 November 2025, confirmed that the dates of employment, job description, earnings and benefits set out in the claim form were correct. The claim was resisted on the basis that the respondent had changed its accountant, which had caused delays in payment. The respondent requested that the claimant provide a detailed breakdown of the sums alleged to be outstanding and indicated that it believed her figures to be mistaken.[3]On 21 November 2025, a final hearing was fixed for 27 February 2026 and ancillary orders relating to documents were issued to the parties.[4]The respondent’s legal representative withdrew from acting on 5 December 2025.[5]On 13 February 2026, the Tribunal sent a reminder to the parties to comply with the orders issued on 21 November 2025.[6]The claimant sent a detailed breakdown and supporting documentation to the Tribunal and the respondent on 17 February 2026.[7]On 18 February 2026, on the direction of a Legal Officer, the respondent was asked to lodge any written comments it wished to make on the claimant’s schedule of loss with the Tribunal and the claimant by return and no later than 23 February 2026. No comments were received.The hearing
[8]At the hearing the claimant was present. There was no attendance by or on behalf of the respondent.[9]In the response, the respondent did not dispute the delays in payment and had only requested further detail regarding quantification. The claimant provided that breakdown, and no further comment was received from the respondent. In these circumstances, I proceeded with the hearing.[10]I made the following findings in fact.a. The respondent employed the claimant as a Finance Manager from 1 April 2023 until 14 July 2025.b. The claimant’s monthly salary was £2,500 gross, equating to approximately £2,014.24 net after deduction of National Insurance contributions, income tax and employer pension contributions.c. The claimant did not receive her March salary when it fell due.d. Her April salary was paid on 1 May 2025.e. On 14, 20 and 17 May and 30 June 2025 she received instalments of her March salary in the sums of £500, £450, £250 and £250, leaving an outstanding balance of £497.99.f. On 30 May 2025 the claimant was paid her May salary.g. On 1 July 2025 the claimant was paid £1,093.44 in respect of her June salary, leaving a shortfall of £920.80.h. The claimant was not paid when it fell due, the salary due for July (£1,099.02) up to the date of termination.i. The total outstanding salary due to the claimant on termination was £2,517.81, after deduction of National Insurance contributions, income tax and employer pension contributions.[11]Correspondence between the parties confirms that the respondent expected to make payment. On 26 August 2025 the respondent advised the claimant that the target date for payment had been 22 August 2025 and that it was working towards payment on 12 September 2025, depending on cash availability. No payment was made.Conclusion
[12]I was satisfied that the amounts claimed by the claimant were the net sums due to her. I was also satisfied that the respondent had made unlawful deductions from wages by failing to pay the claimant the shortfall in salary up to the date of termination.[13]I found the claim to be well‑founded and ordered the respondent to pay the claimant £2,517.81 in respect of unlawful deduction from wages.