Claimant v Rosen Haulage Ltd
Outcome
Individual claims
The claimant gave one week's notice as required by his contract. The First Respondent dismissed him with immediate effect and failed to pay notice pay. He was entitled to one week's notice pay at his normal weekly rate of £744 gross.
The claimant did not take any holidays during his employment and was not paid any accrued holiday pay on termination. He was entitled to payment for accrued but untaken holiday.
The First Respondent failed to provide itemised pay statements contrary to section 8 ERA 1996. The tribunal found unnotified deductions totaling £695.23 were made in the 13 weeks prior to the claim being filed, and ordered payment under section 12(4) ERA 1996.
Facts
The claimant worked as an HGV driver for the First Respondent from November 2023 to March 2024, earning £744 gross per week (£13/hour for 48 hours plus £120 night-out allowance). He gave one week's notice but was dismissed immediately without notice pay. He never received pay slips despite requests, and was not paid for accrued holiday. The First Respondent went into creditors' voluntary liquidation in May 2024. Neither respondent filed a response or attended the remedy hearing.
Decision
The tribunal awarded the claimant £744 notice pay, £744 holiday pay, and £695.23 for unnotified deductions from wages due to the employer's failure to provide itemised pay statements. A declaration was made that the First Respondent breached section 8 of the Employment Rights Act 1996. The total award was £2,183.23 (subject to tax/NI deductions on notice and holiday pay).
Practical note
When an employer fails to provide pay statements, tribunals can order payment of all unnotified deductions made in the 13 weeks prior to the claim, which can significantly increase the compensation awarded to successful claimants.
Award breakdown
Award equivalent: 2.9 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6002729/2024
- Decision date
- 3 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
- Role
- Class 1 HGV driver
- Salary band
- £30,000–£40,000
- Service
- 4 months
Claimant representation
- Represented
- No