Unpaid Wages and Holiday Pay Awarded in Employment Tribunal Case
📌 In brief
The Employment Tribunal ruled in favour of the worker, awarding them money for unpaid wages and holiday pay. The employer was also fined for not providing a statement of employment particulars to the worker.
⚖️ Legal holding
An employer must provide a statement of employment particulars to comply with statutory requirements.
📖 Technical summary
The claimant successfully recovered unpaid wages and holiday pay, plus an additional award for lack of employment particulars.
📜 Headnote Official document
The Employment Tribunal awarded the claimant £1776.92 for unpaid wages and £170.16 for holiday pay, plus an additional statutory award of £2153.84 for lack of employment particulars, under the Employment Act 2002 and Employment Rights Act 1996.
📚 Full judgment Official document
Case Number: 2501270/2024
1 of 2
EMPLOYMENT TRIBUNALS
Claimant:
[redacted] Respondent: [redacted] Newcastle Employment Tribunal via CVP On: 16 October 2024 Before: Employment Judge Jeram
Representation: Claimant: [redacted] Respondent: [redacted]
JUDGMENT
1. The claimant’s complaints are well founded and succeed as follows:
a. Wages in the sum of £1776.92 gross; b. Holiday pay in the sum of £170.16 gross.
2. The Tribunal makes a further award in the sum of £2153.84. pursuant to s.38 Employment Act 2002, upon finding that no statement of employment particulars was provided to the claimant, contrary to s.1 Employment Rights Act 1996.
Employment Judge Jeram Date: 16 October 2024
Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Case Number: 2501270/2024
2 of 2
Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
Case No: 2501270/2024 10.15 Certificate of Correction – rule 69
March 2017
EMPLOYMENT TRIBUNALS
Claimant:
[redacted] Respondent 1: [COMPANY_2] Respondent 2 [COMPANY_3] OF CORRECTION Employment Tribunals Rules of Procedure 2013
Under Rule 69, the judgment sent to the parties on 24 October 2024, is corrected as set out in the block type of the corrected judgment.
Employment Judge Jeram
Date 27 November 2024
Case No: 2501270/2024 10.16 Corrected judgment with reasons – rule 69
March 2017
EMPLOYMENT TRIBUNALS
Claimant:
[redacted] Respondent 1: [COMPANY_2] Respondent 2 [COMPANY_3] at: Newcastle Employment Tribunal via CVP On: 16 October 2024 Before: Employment Judge Jeram
Representation:
Claimant: [redacted] Respondent 1: No attendance RESPONDENT: [redacted]
JUDGMENT
Employment Judge Jeram
Dated: 16 October 2024
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal decided to award the claimant £1776.92 for unpaid wages, £170.16 for holiday pay, and an additional statutory award of £2153.84 for lack of employment particulars.
What was the dispute about?
The dispute was about the worker's unpaid wages and holiday pay, as well as the employer's failure to provide a statement of employment particulars.
How did the court decide, and why?
The court decided in favour of the worker because the employer failed to provide the required statement of employment particulars, which is a statutory requirement.
Which laws or rules were applied?
The Employment Act 2002 and the Employment Rights Act 1996 were applied.
What was the argument that mattered most?
The argument that mattered most was that the employer did not provide the worker with a statement of employment particulars, which is a statutory requirement.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case.
What does this mean for someone in a similar situation?
Someone in a similar situation may be able to recover unpaid wages and holiday pay, as well as an additional statutory award if their employer did not provide a statement of employment particulars.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.