Claimant v Nomico Electrical Company Limited
Outcome
Individual claims
The tribunal found the claimant was entitled to £840 for price work on flats he worked on. The respondent was entitled to deduct £330 for corrective work, leaving a net amount of £510 owed to the claimant that had been unlawfully deducted.
The respondent was in breach of the duty under section 1(1) Employment Rights Act 1996 to provide the claimant with a written statement of initial particulars of employment when proceedings were begun, resulting in an additional award of £500.
Facts
The claimant performed electrical work on flats for the respondent, for which he was entitled to £840 as price work. The respondent deducted £330 for corrective work that needed to be done, but failed to pay the remaining £510. The respondent also failed to provide the claimant with a written statement of employment particulars as required by law.
Decision
The tribunal found the claimant was a worker and that the respondent had unlawfully deducted £510 in wages. The tribunal ordered payment of this amount plus an additional £500 penalty for the respondent's failure to provide written employment particulars, totalling £1,010.
Practical note
Employers who fail to provide workers with written statements of employment particulars face an automatic penalty award, in addition to any substantive claims being upheld.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6010419/2024
- Decision date
- 4 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- Yes
- Rep type
- lay rep