Claimant v Creative Republic of Cardiff Limited
Outcome
Individual claims
Claimant applied to amend to include unfair dismissal at the hearing. Tribunal refused on grounds it was not in the original ET1, it was reasonably practicable to have submitted earlier, and the balance of prejudice favoured refusal.
Tribunal found the claim well founded under s.23 ERA 1996. Claimant was not paid for work between 11 November and 22 November 2024, totaling £752.00 gross.
Claim well founded under regulation 30 Working Time Regulations 1998. Claimant accrued 25.6 days annual leave which was not taken before dismissal. Tribunal calculated entitlement at different rates across employment period totaling £2340.74 gross.
Tribunal found the breach of contract claim made out and awarded damages of £532.50, likely representing notice pay based on the amount.
Facts
Mr Phillips worked for Creative Republic of Cardiff Limited from January 2024 until his dismissal on 22 November 2024. He worked 40 hours per week at different rates of pay during his employment. The respondent failed to pay him for his final two weeks of work, did not pay him for accrued but untaken annual leave totaling 25.6 days, failed to provide proper notice, and made unnotified deductions while failing to provide pay statements. The respondent did not attend the hearing.
Decision
The tribunal proceeded in the respondent's absence after they indicated they would not attend without good reason. The tribunal refused the claimant's late application to add unfair dismissal. It upheld claims for unlawful deduction of wages (£752), holiday pay (£2340.74), breach of contract (£532.50), and failure to provide pay statements (£83.51), awarding a total of £3708.75 gross.
Practical note
Employers who fail to engage with tribunal proceedings face default judgments, and late applications to amend claims will be refused where it was reasonably practicable to include them earlier or apply to amend sooner.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6004523/2025
- Decision date
- 24 October 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- media
- Represented
- No
Employment details
- Service
- 11 months
Claimant representation
- Represented
- No