Claimant v Douglas Logistics Ltd (formerly Utterly Rawsome Ltd)
Outcome
Individual claims
The Claimant's claim of unauthorised deductions from wages was dismissed on withdrawal by agreement of the parties.
The Respondent agreed that the complaint in respect of holiday pay was well-founded and that the Respondent made an unauthorised deduction from the Claimant's wages by failing to pay the Claimant for holidays accrued but not taken on the date the Claimant's employment ended.
The Respondent and the Claimant agreed that the Claimant is entitled to a redundancy payment under section 163 Employment Rights Act 1996 following the termination of her employment.
Facts
The Claimant brought claims against multiple respondents including Douglas Logistics Ltd (formerly Utterly Rawsome Ltd), Mr B Glendinning and Utterlicious Ltd. The parties agreed that Douglas Logistics Ltd was the correct respondent and the Claimant's employer, and that the Claimant was not employed by the other parties. The Claimant had not been paid for accrued but untaken holiday at the end of her employment, and was entitled to a statutory redundancy payment.
Decision
The tribunal dismissed the claims against Mr B Glendinning and Utterlicious Ltd on withdrawal, and dismissed the unauthorised deductions from wages claim on withdrawal. By consent, the tribunal found the holiday pay claim well-founded and awarded £322 gross, and found the Claimant entitled to a statutory redundancy payment of £774.38.
Practical note
This consent judgment demonstrates the importance of correctly identifying the employing entity and ensures payment of statutory holiday pay and redundancy entitlements where an employee's employment ends by reason of redundancy.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1400560/2024
- Decision date
- 31 January 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No