Mr L Nelson v Stessa Leisure Holdings Ltd (England and Wales : Unlawful Deduction from Wages) -[2021] UKET 2501750/2021- (21 December 2021)

BAILII

Automated Summary

Key Facts

The Employment Tribunal ruled in favor of Mr. L Nelson against Stessa Leisure Holdings Limited. Key findings include a successful claim for unauthorized wage deductions under section 23 of the Employment Rights Act 1996 and a successful claim for unpaid holiday on termination. The Claimant worked as a Gym Instructor from 5 October 2020 to 13 August 2021, during which the Respondent failed to pay wages on time. At termination, the Claimant was owed unpaid wages and accrued but untaken holiday pay. The Respondent did not respond to the proceedings, leading the Tribunal to issue a judgment on liability based on available evidence.

Issues

  • The claim for unpaid, outstanding holiday on termination of employment is well founded and succeeds.
  • The claim for unauthorized deduction of wages under section 23 of the Employment Rights Act 1996 is well founded and succeeds.

Holdings

  • The claim for unpaid, outstanding holiday on termination of employment is well founded and succeeds.
  • The claim for unauthorized deduction of wages under section 23 of the Employment Rights Act 1996 is well founded and succeeds.

Legal Principles

The Tribunal applied section 23 of the Employment Rights Act 1996 regarding unauthorized wage deductions and section 24(2) for compensation due to unpaid wages and accrued but untaken holiday. Rule 21 of the Tribunal Rules of Procedure was relied upon to issue a judgment in favor of the Claimant due to the Respondent's failure to respond.

Cited Statute

  • Employment Rights Act 1996
  • Tribunal Rules of Procedure

Judge Name

Judge Sweeney

Passage Text

  • 1. The claim for unauthorised deduction of wages under section 23 Employment Rights Act 1996 is well founded and succeeds.
  • 2. The claim for unpaid, outstanding holiday on termination of employment is well founded and succeeds.
  • 5. The Claimant was employed as a Gym Instructor from 5 October 2020 to 13 August 2021, when he was dismissed by the Respondent. There was a history of late payment of wages during the time the Claimant was employed. As at the date of termination of his employment, the Claimant was owed a substantial sum by way of unpaid wages. He was also owed money in respect of accrued but untaken holiday.