Claimant v RHA Drinks North East Ltd
Outcome
Individual claims
The tribunal found the respondent made an unauthorised deduction from the claimant's wages by failing to pay for holidays accrued but not taken on the date employment ended. The claim succeeded in full.
The tribunal found that when proceedings began, the respondent was in breach of its duty to provide a written statement of employment particulars. There were no exceptional circumstances making an award unjust or inequitable, and it was just and equitable to award four weeks' gross pay.
Facts
The claimant was employed by RHA Drinks North East Ltd. When their employment ended, the respondent failed to pay accrued holiday pay and had failed to provide a written statement of employment particulars. The respondent did not attend the hearing.
Decision
The tribunal found both complaints well-founded. The respondent was ordered to pay £1,041.04 for unpaid holiday pay and £915.20 (four weeks' gross pay) as a penalty for failing to provide written employment particulars under section 38 Employment Act 2002.
Practical note
Employers who fail to provide written employment particulars face automatic penalties of up to four weeks' pay under section 38 Employment Act 2002 when other claims succeed.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2500240/2025
- Decision date
- 26 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No