Claimant v Arrow Scaffolding (Oxford) Limited
Outcome
Individual claims
The tribunal awarded redundancy payments to both claimants. The First Claimant received £19,290 and the Second Claimant received £2,572, indicating different lengths of service.
Both claimants succeeded in their breach of contract claims. Each was awarded £7,200, likely representing notice pay or contractual entitlements not provided by the respondent.
The First Claimant succeeded in his claim for unauthorised deductions from wages and was awarded £120, indicating a specific wage deduction that was not properly authorised.
The First Claimant succeeded in his claim for pay in lieu of accrued but untaken holiday and was awarded £2,400, representing accumulated holiday entitlement not paid upon termination.
Both claimants were awarded £2,400 each pursuant to s.38 of the Employment Act 2002 for the respondent's failure to provide compliant written statements of employment particulars under ERA 1996 s.1. This claim was added by amendment during the remedy hearing.
Facts
Two claimants, Mr E Guntert and Mr J Guntert, brought claims against their former employer Arrow Scaffolding (Oxford) Limited. This was a remedy hearing following liability findings. The First Claimant was represented by Mrs G Guntert while the Second Claimant appeared in person. The respondent did not attend the remedy hearing. The claimants successfully applied to amend their claims to add a claim under s.38 Employment Act 2002 for the employer's failure to provide compliant written statements of employment particulars.
Decision
The tribunal awarded the First Claimant £31,410 comprising redundancy payment, breach of contract compensation, statutory compensation for failure to provide written particulars, unauthorised wage deductions, and holiday pay. The Second Claimant was awarded £12,172 comprising redundancy payment, breach of contract compensation, and statutory compensation for failure to provide written particulars. All claims succeeded.
Practical note
Employers who fail to provide compliant s.1 statements face automatic awards of 2-4 weeks' pay under s.38 Employment Act 2002, and non-attendance at remedy hearings will result in awards being made in the claimant's favour based on available evidence.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3302922/2024
- Decision date
- 17 June 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
Claimant representation
- Represented
- No
- Rep type
- lay rep