Case 1803376/2022 · Employment Tribunal
Mr K Drake v Holderness Shiprepairers Heard: By telephone — 2022
- Case reference
- 1803376/2022
- Decision date
- 12 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Anderson Representation
Parties
2 namedClaimant
Mr K Drake
Key findings
Tribunal's reasoningThe hearing took place by telephone on 4 October 2022 before Employment Judge Anderson. The Respondent did not attend and was not represented. The Tribunal proceeded in the Respondent's absence under Rule 47 after finding that notice of the claim and hearing had been given and that efforts to contact the Respondent before the hearing were unsuccessful.
The Claimant gave evidence on oath, which the Tribunal accepted. It found that he had received no pay slips since November 2021 despite repeated requests. On that basis, the Tribunal declared that the Respondent had failed to provide an itemised pay statement as required by section 8 Employment Rights Act 1996.
The Tribunal accepted the Claimant's explanation that it was not reasonably practicable to bring the claim within the three-month time limit, and found that he presented it within a reasonable time thereafter. It also held that it had no jurisdiction to consider the complaint about a failure to provide a P45, stating that such complaints should be raised with HMRC.
Claims and outcomes
2 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Complaint that the Respondent failed to provide an itemised pay statement under s8 Employment Rights Act 1996; the Tribunal declared the failure proved. | Upheld | — | — |
| Other | Complaint about failure to provide a P45; the Tribunal held it had no jurisdiction to consider this complaint and said such complaints should be raised with HMRC. | Other | — | — |
Legal tests applied
2 references- not reasonably practicable
- reasonable time thereafter
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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