Claimant v Mr Rajan Aggarwal
Outcome
Individual claims
The tribunal found that the respondent failed to provide a statement of initial employment particulars and itemised pay statement as required by sections 1 and 8 Employment Rights Act 1996. The claim succeeded and an award of 4 weeks' pay was made under section 38 ERA 1996.
The tribunal found the respondent had breached the contract of employment by failing to give notice of termination of employment. The claimant was awarded one week's pay (£182.72) representing the notice period to which he was entitled.
The tribunal found that the respondent had made a series of unauthorised deductions from the claimant's wages contrary to section 13 Employment Rights Act 1996. The claimant was awarded £3,251.00 representing the total unauthorised deductions.
The tribunal found that the respondent had breached regulation 14 Working Time Regulations 1998 by failing to pay the claimant for accrued but untaken annual leave. The claimant was awarded £1,001.44 representing the unpaid holiday entitlement.
Facts
The claimant brought claims against his former employer, an individual respondent, for failure to provide employment particulars and pay statements, wrongful dismissal through failure to give notice, unauthorised deductions from wages, and failure to pay accrued holiday pay. The respondent did not attend the hearing and was not represented. The tribunal heard evidence from the claimant appearing in person.
Decision
The tribunal found in favour of the claimant on all claims, awarding a total of £5,166.04. This comprised £730.88 for failure to provide employment particulars (4 weeks' pay under s.38 ERA 1996), £182.72 for wrongful dismissal (one week's notice pay), £3,251.00 for unauthorised deductions from wages, and £1,001.44 for unpaid holiday pay.
Practical note
Where a respondent fails to attend a hearing and has not complied with basic employment law obligations, the tribunal will make awards based on the claimant's uncontested evidence covering multiple statutory breaches.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3201459/2024
- Decision date
- 7 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- —
- Represented
- No
Employment details
Claimant representation
- Represented
- No