Claimant v R Greaves Developments Limited
Outcome
Individual claims
The tribunal found under section 11(1) of the Employment Rights Act 1996 that the respondent failed to provide a written statement of initial employment particulars containing the required information including names of parties, start date, salary details, and holiday entitlement. The respondent did not attend or enter an appearance to contest the claim.
The tribunal found under section 8 of the Employment Rights Act 1996 that the respondent failed to provide written itemised pay statements to the claimant for the entire period of employment from 17 July 2023 to 1 March 2024. The respondent did not attend or defend the claim.
Facts
Mr Cooper was employed by R Greaves Developments Limited from 17 July 2023 to 1 March 2024 at an annual salary of £52,000 gross (£39,401.50 net). The respondent failed to provide him with a written statement of employment particulars or any itemised pay statements during his employment. The claimant brought a claim under sections 8 and 11 of the Employment Rights Act 1996. The respondent did not attend the hearing or enter an appearance.
Decision
Employment Judge Brain found in favour of the claimant on both claims. The tribunal declared what particulars ought to have been included in the statement of employment particulars and found that the respondent failed to provide itemised pay statements throughout the employment period. The judgment was delivered as a default judgment given the respondent's non-participation.
Practical note
Employers must provide both written statements of employment particulars and itemised pay statements as required by the Employment Rights Act 1996, and failure to do so allows employees to seek declarations from the tribunal even after employment has ended.
Legal authorities cited
Statutes
Case details
- Case number
- 1806927/2024
- Decision date
- 2 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Employment details
- Salary band
- £50,000–£60,000
- Service
- 7 months
Claimant representation
- Represented
- No