Claimant v Thomas Albert Simpson trading as Fleet Services North East
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions from the claimants' wages contrary to section 13 of the Employment Rights Act 1996, in that he did not pay either of them the wages that were respectively due to them under their contracts of employment during the period 25 March 2024 to 1 September 2024. The respondent did not respond or attend, and the tribunal was satisfied on the evidence presented that the claims were well-founded.
Facts
Two claimants, Mr Baharie and Mr Moore, were employed by Thomas Albert Simpson trading as Fleet Services North East. From 25 March 2024 to 1 September 2024, the respondent failed to pay either claimant their contractual wages. The respondent also failed to provide either claimant with written statements of employment particulars as required by section 1 of the Employment Rights Act 1996. The respondent did not enter a response or attend the hearing.
Decision
The tribunal found both claims for unauthorised deduction of wages well-founded and awarded each claimant £8,338.36 in unpaid wages. The tribunal also applied a four-week uplift of £1,538.48 to each award under section 38 of the Employment Act 2002 for the respondent's failure to provide written employment particulars, resulting in total awards of £9,876.84 for each claimant.
Practical note
Default judgments in wage claims will include statutory uplifts for failure to provide section 1 statements where there are no exceptional circumstances, and tribunals will award the maximum four weeks' pay increase where appropriate.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2501847/2024
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- No
Employment details
Claimant representation
- Represented
- No