Claimant v Stuarts Coaches Limited
Outcome
Individual claims
The claimant failed to prove the full amount claimed in notice pay, holiday pay, or arrears. However, the respondent admitted owing £747.54, which the tribunal ordered to be paid as the respondent had not disputed this sum.
The claim for 'other payments' and/or 'hardship' was treated as a claim under section 24(2) ERA 1996 for additional financial loss. The claimant failed to prove on the balance of probabilities that he suffered any additional financial loss by reason of the deduction from wages.
Facts
The claimant brought claims for notice pay, holiday pay, and arrears of pay against his former employer, a coach company. The respondent did not attend the hearing. The claimant was unrepresented. The respondent had admitted owing £747.54 but had not paid it.
Decision
The tribunal found that the claimant failed to prove the full amounts claimed. However, the tribunal ordered payment of £747.54 which the respondent had admitted owing. The claim for additional financial loss under ERA 1996 s.24(2) failed as the claimant did not prove he suffered any such loss.
Practical note
Even where a respondent does not attend, a claimant must still prove their claims on the balance of probabilities; admissions by the respondent will be enforced but claims beyond admitted amounts must be evidenced.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 8000787/2025
- Decision date
- 22 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No