2302762/2025Partial success

P O’Donnell and others

v Mr C Watkins

8 December 2025·Employment Tribunal·England & Wales·Employment Judge Leith

Respondent

P O’Donnell and others

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Decision date

8 December 2025

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Leith

Case Summary

The Third Respondent made unauthorised deductions from the Claimant's wages and failed to pay accrued annual leave. The claims of unfair dismissal and redundancy payment were dismissed.

Why this outcome?

No qualifying employment period

The claim was partially successful because the Third Respondent made unauthorised wage deductions and failed to pay accrued annual leave, both of which were upheld. However, the unfair dismissal and redundancy claims were dismissed because the Claimant lacked the necessary qualifying period of service required by statute.

Key Issues

  • unauthorised deductions from wages
  • failure to pay accrued annual leave
  • unfair dismissal
  • redundancy payment

Decision Text

Full PDF

Case No: 2302762/2025 & 2302774/2025 EMPLOYMENT TRIBUNALS Claimant: Mr C Watkins 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 2 April 2024 and 28 July 2024. The Third Respondent must pay the Claimant the gross sum of £9,674.72, 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 of his employment. The Third Respondent must pay the Claimant the gross sum of £947.04, being the value of the accrued but untaken leave (calculated based on 10 days accrued at the point of termination, less two public holidays taken, leaving eight days at the Claimant’s daily date of £115.38 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. Approved by: Employment Judge Leith Date: 8 th December 2025 Case No: 2302762/2025 & 2302774/2025 JUDGMENT SENT TO THE PARTIES ON Date: 11 th December 2025 FO

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