Cases3200015/2024

Claimant v DC Innovations Ltd

19 February 2025Before Employment Judge N. ClarkeLondon Eastremote video

Outcome

Partly successful£27,667

Individual claims

Unfair Dismissaldismissed on withdrawal

The unfair dismissal claim was withdrawn by the claimant during the proceedings and was therefore dismissed on withdrawal by the tribunal.

Breach of Contractfailed

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.

Breach of Contractfailed

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.

Breach of Contractfailed

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.

Breach of Contractfailed

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.

Unlawful Deduction from Wagessucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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.

Holiday Paysucceeded

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.

Othersucceeded

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

Holiday pay£2,850
Arrears of pay£11,400
Unpaid wages£4,500

Legal authorities cited

Statutes

Employment Rights Act 1996 s.1Employment Act 2002 s.38Working Time Regulations 1998

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