Former employee awarded £4,924 for unpaid wages, holiday pay and notice pay
A Watford tribunal found Invicta Care and Training Ltd. unlawfully deducted wages and failed to pay holiday pay and notice pay, awarding the former employee £4,924.02.
1 min read · Last updated 19 May 2026
Key facts
- The claimant was employed by the respondent.
- The respondent failed to pay the claimant's wages, holiday pay, and notice pay.
- The original judgment in 2021 was revoked and the case was reheard.
- The respondent's representative did not attend the original hearing.
- The tribunal found the claims for unpaid wages, holiday pay, and notice pay well founded.
Timeline
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First hearing
Claimant attended; respondent did not. Judgment given for claimant.
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Judgment sent
Original judgment sent to parties.
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Reconsideration application
Respondent applied for reconsideration out of time.
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Reconsideration hearing
Tribunal refused to extend time for reconsideration.
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Second reconsideration application
Respondent applied again for reconsideration.
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Revocation judgment
Tribunal revoked earlier judgment and relisted for final hearing.
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Final hearing
Tribunal found claims for unpaid wages, holiday pay, and notice pay well founded.
The legal issue
The tribunal had to decide whether the employer unlawfully deducted wages, failed to pay holiday pay, and failed to provide notice pay, and whether an uplift for non-compliance with the ACAS code of practice was warranted.
The outcome
The tribunal found in favour of the former employee on all claims.
- The respondent made unauthorised deductions from wages, failed to pay holiday pay, and failed to provide notice pay.
- A 25% uplift was applied for non-compliance with the ACAS code of practice.
- Total award: £4,924.02 (including uplift).
Lessons & takeaways
- Keep records of all wages, holiday pay, and notice pay owed to avoid unauthorised deduction claims.
- Engage with tribunal proceedings and attend hearings to avoid default judgments and potential uplifts.
- Comply with the ACAS code of practice to avoid a 25% uplift on awards.
- If you miss a deadline for reconsideration, provide strong medical evidence to support an extension.
This case highlights the consequences for employers who fail to pay wages, holiday pay, and notice pay, and then ignore tribunal proceedings. The former employee had to pursue their claims through a lengthy process, including a reconsideration and revocation of an earlier judgment, before finally obtaining a decision in their favour.
Invicta Care and Training Ltd. could have avoided this outcome by paying the sums owed promptly and engaging with the tribunal process. Instead, the company's failure to attend the original hearing and its late, poorly evidenced reconsideration application led to a 25% uplift on the award for non-compliance with the ACAS code of practice.
For employees, this case shows that persistence can pay off, even when an employer tries to delay proceedings. The tribunal applied the law strictly, ensuring the employee received the wages, holiday pay, and notice pay they were entitled to, plus an additional uplift. Employers should note that failing to comply with basic employment obligations and tribunal procedures can significantly increase the final bill.
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