Claimant v New Kitchen Parkstone Limited
Outcome
Individual claims
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.
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.
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.
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).
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.
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
Legal authorities cited
Statutes
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