Cases2303139/2024

Claimant v First Time Logistics Ltd

3 February 2025Before Employment Judge HartLondon Southremote video

Outcome

Partly successful£2,625

Individual claims

Unfair Dismissalfailed

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.

Wrongful Dismissalsucceeded

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.

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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

Notice pay£375
Unpaid wages£1,500

Legal authorities cited

Statutes

ERA 1996

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