P O’Donnell and others

Case Summary

The claimant succeeded in claims for unauthorised wage deductions and unpaid holiday pay against the third respondent. The claims of unfair dismissal and redundancy payment were dismissed as the claimant lacked the necessary qualifying service. The claims against the first and second respondents were also dismissed.

The claimant succeeded on wage deduction and holiday pay claims against the third respondent, but the unfair dismissal and redundancy claims were dismissed because the claimant had not completed the two-year qualifying period of service required by statute.

• •unauthorised wage deductions
• •unpaid holiday pay
• •breach of contract

Case No: 2302760/2025 & 2302773/2025 EMPLOYMENT TRIBUNALS Claimant: Mrs J Baker Respondents: Patrick O’Donnell (1) Simon Cox (2) Warwick Square Developments Limited (3) Heard at: Croydon (via CVP) On: 8 December 2025 Before: Employment Judge Leith Representation Claimant: In person Respondent: No attendance or representation JUDGMENT 1. The Third Respondent made unauthorised deductions from the Claimant’s wages in the period from 1 April 2024 to 12 November 2024. The Third Respondent must pay the Claimant the gross sum of £22,200, being the sum deducted. The Claimant is responsible for any income tax and national insurance due on the sum paid. 2. The Third Respondent failed to pay the Claimant in respect of annual leave accrued but untaken on termination. The Third Respondent must pay the Claimant the gross sum of £2,077.50, being the value of the accrued but untaken leave (calculated based on 19 days accrued at the point of termination, less four public holidays taken, leaving 15 days at the Claimant’s daily date of £138.50 per day). The Claimant is responsible for any income tax and national insurance due on the sum paid. 3. The Third Respondent breached the Claimant’s contract of employment, and must pay the Claimant the sum of £34.80 as damages for the breach. 4. The claims of unfair dismissal and redundancy payment are dismissed as the Claimant lacked the necessary qualifying service. 5. The claims against the First and Second Respondents are dismissed. Case No: 2302760/2025 & 2302773/2025 Approved by: Employment Judge Leith Date: 8 th December 2025 JUDGMENT SENT TO THE PARTIES ON 11 th December 2025 …