Cases6006064/2024

Claimant v New Kitchen Parkstone Limited

25 July 2025Before Employment Judge YallopSouthamptonremote video

Outcome

Claimant succeeds£1,642

Individual claims

Unlawful Deduction from Wagessucceeded

The respondent failed to enter a response. The tribunal found the respondent made an unauthorised deduction from wages by paying only £466 when £1,027 was owed for delivery driving shifts (12 shifts x 5.5 hours x £13 = £858) and kitchen refurbishment work (13 x £13 = £169), leaving £561 unpaid.

Breach of Contractsucceeded

The tribunal found the respondent breached contract by failing to reimburse mileage expenses of £270 owed to the claimant for use of his vehicle during employment.

Breach of Contractsucceeded

The respondent breached contract by failing to pay notice pay. The claimant was entitled to one week's notice at his average weekly income of £143, which was not paid on termination.

Holiday Paysucceeded

The respondent failed to pay accrued holiday pay as required by the Working Time Regulations 1998. The claimant accrued 0.67 weeks of leave during his 6-week employment and took no leave, entitling him to £95.81 (0.67 x £143 weekly pay).

Othersucceeded

The respondent failed to provide written itemised pay statements as required by section 8 Employment Rights Act 1996 during the employment period from 28 May to 3 July 2024, breaching statutory obligations.

Othersucceeded

The respondent breached its duty under section 38 Employment Act 2002 to provide a written statement of employment particulars. The tribunal found it just and equitable to award four weeks' gross pay (£572) as compensation for this failure.

Facts

The claimant worked for the respondent kitchen company for approximately 6 weeks from 28 May to 3 July 2024 as a delivery driver and kitchen refurbisher, working part-time at £13 per hour. The respondent paid only £466 of the £1,027 owed in wages, failed to reimburse £270 in mileage expenses, did not pay notice pay or accrued holiday pay, and failed to provide written pay statements or a statement of employment particulars. The respondent failed to enter a response to the claim and did not attend the hearing.

Decision

The tribunal found all claims well-founded as the respondent had failed to enter a response. Awards totalling £1,641.81 were made including unpaid wages (£561), mileage expenses (£270), notice pay (£143), holiday pay (£95.81), and a statutory penalty for failure to provide employment particulars (£572). Grossing up was applied to certain awards to account for tax liability.

Practical note

Employers who fail to respond to claims face default judgments encompassing all monetary claims and statutory penalties, with tribunals awarding maximum statutory compensation for failures to provide employment documentation where appropriate.

Award breakdown

Notice pay£143
Holiday pay£96
Unpaid wages£561

Legal authorities cited

Statutes

Employment Rights Act 1996 s.8Employment Act 2002 s.38Working Time Regulations 1998 reg.14(2)Working Time Regulations 1998 reg.16(1)

Case details

Case number
6006064/2024
Decision date
25 July 2025
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
retail
Represented
No

Employment details

Role
Delivery driver and kitchen refurbisher
Service
1 months

Claimant representation

Represented
No