Resolved Case: Pay Less Notice Turned into a £4,328 Tribunal Award
Guys, this is a useful example of why a contractor should not assume that calling a deduction a pay less notice ends the matter.
Robert worked for Luxe Decorating Ltd and approximately £2,050 was withheld from his pay. The company treated the issue as a subcontractor payment dispute, but the real legal question was whether Robert had statutory worker rights.
The claim was brought in the Employment Tribunal for:
unauthorised deductions from wages;
unpaid holiday pay; and
failure to provide written employment particulars.
The respondent did not present a response and did not attend the hearing. Employment Judge Coen therefore determined the claims under Rule 22 of the Employment Tribunal Rules 2024.
The Tribunal awarded Robert:
£2,050 for unauthorised deductions from wages;
£840 for accrued but untaken holiday pay; and
£1,438 for failure to provide written particulars.
The total award was therefore:
£4,328
That was more than twice the amount originally withheld.
What Is the Lesson?
A contractor may think:
“I deducted £2,050, so the dispute is worth £2,050.”
But once worker status and statutory rights are raised, the dispute may become much larger.
The withheld payment may lead to claims for:
unlawful deductions;
holiday pay;
written particulars;
minimum wage arrears;
interest; and
other statutory rights.
Pay Less Notice Warning
A document described as a pay less notice is not automatically valid or decisive.
Ask:
Was it issued before the final date for payment?
Did it state the amount said to be due?
Did it explain how the deduction was calculated?
Did it reflect a genuine commercial subcontracting arrangement?
Or was the individual really working personally as part of the contractor’s business?
A late or unsupported deduction may not protect the contractor, particularly where the person qualifies as a worker.
Simple Rule
A £2,050 deduction became a £4,328 Employment Tribunal award because the dispute involved more than an unpaid subcontractor invoice.
Outcome: £4,328 awarded by the Employment Tribunal.
Case: Robert Radosz v Luxe Decorating Ltd
Case number: 2200554/2025Judge: Employment Judge CoenHearing: 16 January 2026Topics: Resolved Cases · Pay Less Notices · Unlawful Deductions · Holiday Pay · Worker Status