Cases3302593/2023

Claimant v CrossAcre Tippers Limited

1 April 2025Before Employment Judge MurdochWatfordremote video

Outcome

Claimant succeeds£20,343

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal against the second respondent under Part X Employment Rights Act 1996 was well-founded. The claimant was unfairly dismissed by the second respondent. The tribunal awarded both a basic award and compensatory award.

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from pay against the second respondent for two weeks wages from 17-21 October 2022 and 24-28 October 2022 was well-founded. The claimant was entitled to gross sum of £1,132 representing two weeks unpaid wages.

Unlawful Deduction from Wagessucceeded

The tribunal found the complaint of unauthorised deductions from pay against the second respondent for failure to make pension contributions from 8 June 2022 until 4 November 2022 was well-founded. The claimant was entitled to £469 representing unpaid pension contributions over 21.3 weeks.

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract against the second respondent in relation to 12 weeks statutory notice pay was well-founded. The claimant was entitled to £5,792 representing 12 weeks gross notice pay minus £1,000 already paid.

Holiday Paysucceeded

The tribunal found the complaint in respect of holiday accrued but unpaid on termination against the second respondent was well-founded under the Working Time Regulations 1998. The respondent made an unauthorised deduction by failing to pay 4.6 days of holiday pay.

Facts

The claimant was employed by the second respondent with a gross weekly wage of £566 and entitled to 12 weeks notice. His employment ended on 4 November 2022. The claimant was not paid for two weeks work in October 2022, did not receive pension contributions from June to November 2022, was not paid full notice pay (only £1,000 of £6,792 due), and was owed 4.6 days accrued holiday pay. Neither respondent attended the hearing.

Decision

The tribunal found all claims against the second respondent well-founded. The claimant was unfairly dismissed and awarded a basic award of £11,886 and compensatory award of £544. He was also awarded unpaid wages, pension contributions, notice pay and holiday pay. Total award was £20,343. All claims against the first respondent were dismissed as it had been dissolved.

Practical note

When an employer fails to attend a hearing and there is clear evidence of non-payment of wages, notice, pension contributions and holiday pay, a tribunal will find in favour of the claimant and make appropriate monetary awards.

Award breakdown

Basic award£11,886
Compensatory award£544
Notice pay£5,792
Holiday pay£520
Arrears of pay£1,132
Unpaid wages£1,132
Pension loss£469
Loss of statutory rights£500

Award equivalent: 35.9 weeks' gross pay

Legal authorities cited

Statutes

Employment Rights Act 1996 Part XEmployment Rights Act 1996 Part IIWorking Time Regulations 1998

Case details

Case number
3302593/2023
Decision date
1 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
No

Employment details

Salary band
£25,000–£30,000

Claimant representation

Represented
Yes
Rep type
barrister