Claimant v DC Innovations Ltd
Outcome
Individual claims
The unfair dismissal claim was withdrawn by the claimant during the proceedings and was therefore dismissed on withdrawal by the tribunal.
The tribunal found the claim for notice pay to be unfounded. The tribunal did not accept that the claimant was entitled to notice pay based on the evidence and submissions presented.
The tribunal found the claim for employer's pension contributions to be unfounded. The claimant failed to establish that the employer was obliged to make such contributions or had failed in any such obligation.
The tribunal found the claim for payment made to a debt collector on the employer's behalf to be unfounded. The claimant did not establish that this amount was owed to him by the employer.
The tribunal found the claim for congestion charge fines to be unfounded. The claimant did not establish that the employer was liable to reimburse him for these fines.
The tribunal found the claim for arrears of pay well-founded. The employer had failed to pay wages properly due to the claimant, constituting an unlawful deduction from wages contrary to the Employment Rights Act 1996.
The tribunal found the claim for unpaid overtime well-founded. The claimant was entitled to payment for overtime worked but not paid, constituting an unlawful deduction from wages.
The tribunal found the claim for unpaid expenses well-founded. The employer was contractually obliged to reimburse the claimant for materials, fuel, and Dartford Crossing costs incurred in the course of employment but had failed to do so.
The tribunal found the claim for unpaid holiday pay well-founded. The claimant was entitled to payment for accrued but untaken holiday under the Working Time Regulations 1998, and the failure to pay this constituted an unlawful deduction from wages.
The tribunal found that the respondent had breached its statutory duty under section 1 Employment Rights Act 1996 to provide written particulars of employment at the commencement of proceedings. An award of two weeks' pay was made under section 38 Employment Act 2002, as there were no exceptional circumstances making this unjust or inequitable.
Facts
Mr Ellis brought claims against DC Innovations Ltd for unpaid wages, unpaid overtime, unpaid expenses including materials, fuel and Dartford Crossing costs, unpaid holiday pay, notice pay, pension contributions, debt collector payments, and congestion charge fines, as well as unfair dismissal. The respondent had failed to provide written particulars of employment. The claimant represented himself, while the respondent was represented by a solicitor's agent. The hearing took place remotely over two days.
Decision
The tribunal dismissed the unfair dismissal claim on withdrawal and found the claims for notice pay, pension contributions, debt collector payments and congestion charge fines unfounded. However, the tribunal upheld the claims for arrears of pay, unpaid overtime, unpaid expenses, and holiday pay, awarding a total of £26,380.66 in gross pay and expenses. The tribunal also awarded £1,286 for the respondent's failure to provide written particulars.
Practical note
Employers who fail to pay wages, overtime, and expenses, and do not provide written particulars of employment, face significant financial liability even when a claimant is self-represented and some claims fail.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3200015/2024
- Decision date
- 19 February 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No