Background:

The claimant worked for the respondent who was the sole director of the two entities listed as respondents.  The claims related to the payments made (and not made) to the claimant throughout her employment with the respondent.

It was noted that there was a failure to pay the claimant for one week in April 2022 as well as for eight weeks in June 2022 and July 2022.  Additionally, there was an agreement that the wages were to increase yet this never materialised.  The claimant also put forward that there was a failure to pay overtime rates as agreed for any overtime and for work that took place on bank holidays.  There was also a failure to pay holiday pay and to provide access to a pension.

There was never any statement of particulars given.

Outcome:

The Respondent did not appear before the Tribunal.  The Tribunal accepted the claimant’s claims providing the following:

£600 for the failure to pay National Minimum Wage;

Failure to pay wages in April 2022 - £330 and failure to pay wages in June and July 2022 - £2,538.

Failure to pay overtime was £442.80 and the failure to pay holiday pay was £878.20.  For the failure to provide access to a pension there was a sum of £130 to be paid.

Lastly for the failure to provide particulars there was an award of four weeks’ salary that being £1,598.

Practical Guidance for Employers:

This case demonstrates a real lack of care and attention being given to ensuring that employees are paid as agreed.  This percolated into issues relating to general pay, overtime pay, holiday pay and provision for a pension.   Employers should ensure that there are proper systems in place to ensure that employees are paid in relation to agreements that have been made and statutory requirements.

NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/