Claimant v Logistic Moves by Ollerton Limited
Outcome
Individual claims
The tribunal found the respondent breached the claimant's employment contract by failing to pay wages totalling £3,514.42 as of 9 August 2019, unpaid expenses of £1,457.50, and wage shortfalls on four specific dates totalling £799.49. The claimant succeeded on all elements of his breach of contract claim.
The tribunal determined the respondent failed to pay the claimant wages owed as of 9 August 2019 and created shortfalls on 23 August 2019, 29 April 2022, 22 July 2022 and 24 February 2023. The total unpaid wages amounted to £4,314.41 gross, constituting unlawful deductions.
The tribunal found the respondent breached sections 1 and 11 of the Employment Rights Act 1996 by failing to provide the claimant with written particulars of employment. Under section 38 of the Employment Act 2002, the tribunal awarded 4 weeks' pay at £643 per week totalling £2,572.
The tribunal found the respondent failed to provide the claimant with itemised pay statements in breach of the Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) Order 2018. However, the tribunal exercised its discretion to decline making a monetary award for this breach.
Facts
The claimant was an employee of the respondent logistics company who was not paid wages totalling £3,514.42 as of 9 August 2019 and expenses of £1,457.50. He also experienced wage shortfalls on four specific dates in 2019, 2022 and 2023 totalling £799.49. The respondent failed to provide him with written particulars of employment or itemised pay statements during the employment relationship.
Decision
The tribunal found in favour of the claimant on all claims. The respondent was ordered to pay £5,771.41 for breach of contract and unlawful deduction of wages, plus £2,572.00 for failure to provide written particulars. While the tribunal found the respondent breached requirements to provide itemised pay statements, it declined to make a monetary award for this breach.
Practical note
Employers who fail to pay wages, expenses and provide basic statutory documentation face significant financial penalties, including mandatory awards for failure to provide written particulars under section 38 of the Employment Act 2002.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2400802/2024
- Decision date
- 10 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister