Claimant v Nigel Fletcher
Outcome
Individual claims
The respondent failed to provide itemised pay statements as required by section 8 ERA 1996 for the period 25 April 2023 to 10 September 2023. The respondent did not file a response, and under Rule 21 the tribunal issued a default judgment declaring the failure and specifying the particulars that ought to have been included in the pay statements.
Facts
The claimant was employed by the respondent, Nigel Fletcher, until 11 September 2023. During the period from 25 April 2023 to 10 September 2023, the respondent failed to provide the claimant with any itemised pay statements as required by law. The claimant filed a claim on 13 November 2023 stating he was 'just looking for payslips'. The respondent failed to file a response by the deadline of 20 December 2023 or at any time thereafter.
Decision
Under Rule 21, the tribunal issued a default judgment finding the claim well founded. The tribunal made a declaration that the respondent breached section 8 ERA 1996 by failing to provide itemised pay statements, and specified the particulars that should have been included (gross pay £395.96, PAYE £30.80, NI £18.47, net pay £346.69 per week). No financial award was made as the claimant did not appear to be seeking monetary compensation, only the pay statements themselves.
Practical note
A Rule 21 default judgment can result in a declaration of breach of statutory duty to provide pay statements, but tribunals will not make financial awards under discretionary provisions unless satisfied the claimant is actually seeking such remedy.
Legal authorities cited
Statutes
Case details
- Case number
- 2502514/2023
- Decision date
- 5 March 2024
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Name
- Nigel Fletcher
- Sector
- —
- Represented
- No
Employment details
Claimant representation
- Represented
- No