Claimant v CrossAcre Tippers Limited
Outcome
Individual claims
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.
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.
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.
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.
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
Award equivalent: 35.9 weeks' gross pay
Legal authorities cited
Statutes
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