P O’Donnell and others

Case Summary

The Third Respondent was ordered to pay the Claimant £10,669.35 for unauthorised wage deductions and £872.20 for unpaid accrued leave. The claims of unfair dismissal and redundancy payment were dismissed.

The claimant succeeded on wage deduction and leave payment claims, which were decided on their merits. However, the unfair dismissal and redundancy claims were dismissed because the claimant lacked the necessary two-year qualifying period of service required by statute.

• •The Third Respondent made unauthorised deductions from the Claimant's wages in the period from 1 April 2024 to 28 October 2024
• •The Third Respondent failed to pay the Claimant in respect of annual leave accrued but untaken on termination
• •The claims of unfair dismissal and redundancy payment are dismissed as the Claimant lacked the necessary qualifying service
• •The claims against the First and Second Respondents are dismissed

Case No: 2302761/2025 & 2302772/2025 EMPLOYMENT TRIBUNALS Claimant: Miss C 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 28 October 2024. The Third Respondent must pay the Claimant the gross sum of £10,669.35, 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 £872.20, being the value of the accrued but untaken leave (calculated based on 18 days accrued at the point of termination, less four public holidays taken, leaving 14 days at the Claimant’s daily date of £62.30 per day). The Claimant is responsible for any income tax and national insurance due on the sum paid. 3. The claims of unfair dismissal and redundancy payment are dismissed as the Claimant lacked the necessary qualifying service. 4. The claims against the First and Second Respondents are dismissed. Case No: 2302761/2025 & 2302772/2025 Approved by: Employment Judge Leith Date: 8 th December 2025 JUDGMENT SENT TO THE PARTIES ON Date: 11 th December 2025 FOR THE TRIBUNAL OFFICE Notes Reasons for the judgment havin…