Claimant v First Time Logistics Ltd
Outcome
Individual claims
The claimant was employed by the respondent for less than two years (from 2 October 2023 to 3 March 2024), and therefore did not have the requisite qualifying period of employment to bring an unfair dismissal claim.
The tribunal found that the respondent failed to pay the claimant statutory notice pay of 1 week's pay on termination of the contract. The claimant was entitled to this notice pay under the contract.
The tribunal found that the respondent failed to pay the claimant his wages for February 2024. This constituted an unauthorised deduction from wages under the Employment Rights Act 1996.
The respondent failed to provide the claimant with a written statement of employment particulars or with itemised pay slips, in breach of statutory obligations under the Employment Rights Act 1996.
Facts
Mr Deve was employed by First Time Logistics Ltd from 2 October 2023 to 3 March 2024, approximately 5 months. The respondent failed to provide written employment particulars or itemised pay slips, failed to pay his wages for February 2024, and did not pay statutory notice pay when the employment ended. The respondent did not attend the tribunal hearing.
Decision
The tribunal dismissed the unfair dismissal claim because the claimant lacked the necessary two years' service. The tribunal upheld claims for wrongful dismissal (1 week's notice pay), unauthorised deduction of wages (February 2024 wages), and failure to provide employment particulars and pay slips, awarding a total of £2,625 net.
Practical note
Even with less than two years' service and an absent respondent, claimants can still succeed on contractual and statutory payment claims at a default judgment hearing.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2303139/2024
- Decision date
- 3 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Service
- 5 months
Claimant representation
- Represented
- No