Outcome
Individual claims
The claimant was entitled to one week's notice pay but did not receive it upon dismissal. The tribunal found the respondent failed to pay the contractual notice period, awarding the claimant £274.50 gross.
The respondent unilaterally deducted £500 from the claimant's final pay for a motor insurance excess following an accident during employment duties. The tribunal found this deduction was unauthorised and the claimant was entitled to recover the full amount.
The respondent failed to provide written statement of initial employment particulars. Under section 38 Employment Act 2002, because the tribunal found in favour of the claimant on the unauthorised deduction claim, it was required to make an award. The tribunal awarded two weeks' pay (£545.00) as the minimum, finding it not just and equitable to award the higher four weeks' pay.
Facts
The claimant worked as a delivery driver/kitchen assistant for approximately 5 months from November 2023 to May 2024. Following a motor accident during work duties, the respondent unilaterally deducted £500 from the claimant's final pay to cover an insurance excess, despite the claimant being unaware the insurance policy was not the respondent's. The claimant was dismissed without receiving notice pay and was never provided with written employment particulars.
Decision
The tribunal found in favour of the claimant on all claims. The respondent failed to enter a response and was not permitted to participate in the hearing under Rule 22(3). The tribunal awarded notice pay of £274.50, unauthorised deduction of £500, and a statutory penalty of £545 for failing to provide written employment particulars, totalling £1,323.50.
Practical note
Employers cannot unilaterally deduct money from employees' wages for insurance excesses without clear contractual authorization, and failure to file a response to tribunal proceedings results in exclusion from the hearing under Rule 22(3).
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007388/2024
- Decision date
- 14 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- David Kay
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- delivery driver/kitchen assistant
- Service
- 5 months
Claimant representation
- Represented
- No