Claimant v Jessica Davies
Outcome
Individual claims
The tribunal determined that the claim for notice pay failed. The judgment does not provide detailed reasoning in this document, as reasons were given orally at the hearing.
The tribunal found that the Respondent had failed to pay the Claimant's holiday entitlement in breach of Working Time Regulations. The Claimant was awarded £1,407 in unpaid holiday pay.
The tribunal found that when the proceedings began, the Respondent was in breach of its duty to provide written statement of particulars of employment under s.1 ERA 1996. An uplift was applied under s.38 Employment Act 2002.
Facts
The Claimant worked for the Respondent, an individual employer (Jessica Davies), but did not receive a written statement of employment particulars. The employment relationship ended and the Claimant brought claims for notice pay and unpaid holiday pay. The tribunal was required to determine the Claimant's employment status as a preliminary issue.
Decision
The tribunal found that the Claimant was both an employee and a worker. The claim for notice pay failed, but the claim for unpaid holiday pay succeeded and the Claimant was awarded £1,407. Because the Respondent failed to provide written particulars of employment, an additional uplift of two weeks' pay (£669.22) was awarded under s.38 Employment Act 2002, bringing the total award to £2,076.22.
Practical note
Failure to provide written statement of particulars can result in a mandatory uplift of between two and four weeks' pay when a claimant succeeds in related claims, significantly increasing the employer's liability.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1400928/2024
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Jessica Davies
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- lay rep