J M Zorba v Mr J Coombe T/a Doggy Day Care Cornwall (England and Wales : Unlawful Deduction from Wages) -[2025] UKET 6022812/2024- (11 June 2025)

BAILII

Automated Summary

Key Facts

The claimant, J M Zorba, successfully argued that the respondent, Mr Jordan Coombe t/a Doggy Day Care Cornwall, made an unlawful deduction from wages and failed to pay accrued but untaken holiday. The tribunal awarded a total of £885.50 after deducting £200 already received.

Issues

  • The claim for accrued but untaken holiday is well founded, and the Respondent shall pay the Claimant the gross sum of £565.50, subject to paragraph 4 below.
  • The claim that there was an unlawful deduction from wages was well founded and the Respondent shall pay the Claimant the gross sum of £520, subject to paragraph 4 below.

Holdings

  • The claim for accrued but untaken holiday was well founded, and the Respondent shall pay the Claimant the gross sum of £565.50, subject to paragraph 4 below.
  • The claim for an unlawful deduction from wages was well founded, and the Respondent shall pay the Claimant the gross sum of £520, subject to paragraph 4 below.

Remedies

  • The total amount owed is £1,085 gross, reduced by £200 already received, resulting in a net payment of £885.50.
  • The Respondent must pay £565.50 for accrued but untaken holiday leave.
  • The Respondent is required to pay the Claimant £520 for an unlawful deduction from wages.

Monetary Damages

1085.00

Legal Principles

The Employment Judge applied Rule 22 of the Rules of Procedure to determine the claim, as the respondent failed to present a valid response on time. This procedural rule allows for a determination to be made in the absence of a timely response, enabling the tribunal to adjudicate on the claim for unlawful wage deduction and accrued holiday pay.

Judge Name

Bax

Passage Text

  • The claim that there was an unlawful deduction from wages was well founded and the Respondent shall pay the Claimant the gross sum of £520, subject to paragraph 4 below.
  • The claim for accrued but untaken holiday is well founded, and the Respondent shall pay the Claimant the gross sum of £565.50, subject to paragraph 4 below.
  • Credit shall be given for the £200 already received by the Claimant. The total amount owed is £1,085 gross from which £200 is deducted in respect of the money already received. The Respondent shall pay the Claimant the gross sum of £885.50.