Claimant v Trotter's Independent Condiments Ltd
Outcome
Individual claims
The claimant alleged unpaid wages relating to pension contributions to NEST. The tribunal found that although the respondent had fallen behind with pension payments due to financial difficulties, all outstanding pension payments totalling £1,128.14 were made to NEST on 23 September 2024 after the claimant left employment. The respondent provided bank statements and NEST confirmation as evidence.
The claimant alleged he was owed accrued holiday pay and that the respondent had changed the holiday year during his employment. The tribunal found that the contract of employment clearly stated the holiday year ran from 1 April to 31 March, and the final payslip showed a payment of £216 for holiday pay. The tribunal accepted the respondent's evidence from the accountant-prepared payslips that accrued holiday pay had been paid in full.
Facts
The claimant brought claims for unpaid wages (relating to pension contributions) and accrued holiday pay against his former employer, a condiments manufacturer. The respondent admitted falling behind with pension contributions due to financial difficulties but stated all arrears were paid after the claimant left employment on 12 August 2024. The claimant did not attend the hearing, emailing at the start time to say he had unforeseen legal commitments and requesting the tribunal proceed in his absence. The tribunal heard evidence only from the respondent's director.
Decision
The tribunal dismissed both claims. On unpaid wages, it found that although pension contributions had been delayed, the respondent paid all outstanding amounts (£1,128.14) to NEST on 23 September 2024, supported by bank statements and NEST confirmation. On holiday pay, the tribunal found the contract clearly stated the holiday year ran 1 April to 31 March, and the final payslip showed £216 holiday pay had been paid in full.
Practical note
Claimants who fail to attend hearings risk dismissal of their claims where the respondent can produce documentary evidence (payslips, bank statements, contracts) demonstrating that alleged debts have been paid.
Case details
- Case number
- 8001550/2024
- Decision date
- 27 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No