Claimant v Wolfox Coffee Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.
The respondent failed in its duty to provide the claimant with a written statement of the main terms of employment pursuant to section 1 Employment Rights Act 1996, resulting in an uplift under section 38 of the Employment Act 2002.
Facts
The claimant was employed by Wolfox Coffee Limited. Upon termination of employment, the respondent failed to pay the claimant for accrued but untaken holiday. The respondent also failed to provide the claimant with a written statement of the main terms of employment as required by law. The respondent did not attend the hearing.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £809.97 for unpaid holiday pay and a further £752.96 (four weeks' gross pay) as an uplift under section 38 of the Employment Act 2002 for failing to provide written terms of employment.
Practical note
Employers who fail to provide written statements of employment terms face automatic financial penalties under section 38 of the Employment Act 2002, in addition to liability for substantive claims such as unpaid holiday pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2302561/2023
- Decision date
- 14 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No