Claimant v e-cargobikes.com Ltd
Outcome
Individual claims
The tribunal determined that the complaint of unauthorised deductions from wages was not well-founded. The claim did not succeed on the merits.
The tribunal found that the respondent had breached the claimant's contract by failing to pay proper notice pay. The claim was well-founded and the tribunal awarded damages for the breach.
Facts
Mr Yaakoubi brought claims against e-cargobikes.com Ltd for unauthorised deductions from wages and breach of contract in relation to notice pay. The respondent did not attend the hearing. The tribunal first had to determine the claimant's employment status.
Decision
The tribunal found that the claimant was a worker within the meaning of ERA 1996. The wages claim failed, but the notice pay claim succeeded. The respondent was ordered to pay £246.71 calculated on a gross basis to account for tax liability on post-employment notice pay.
Practical note
Even when a respondent fails to attend, the tribunal will still carefully examine worker status and assess each claim on its merits, and will calculate notice pay awards on a gross basis where tax will be payable as post-employment notice pay.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6008618/2024
- Decision date
- 2 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Claimant representation
- Represented
- No