In person For the v The Devarmsmiddlehandley Ltd — 2022

The respondent did not attend the hearing, and the tribunal proceeded in its absence under Rule 47. The tribunal accepted the claimant's evidence that he had been employed by The Devarmsmiddlehandley Ltd as a management accountant from 3 June 2021 to 3 June 2022, that his net weekly wage was £406.94 and gross weekly wage £528.85, and that he was entitled to be paid until the effective date of termination. It also accepted that the claimant had only been given an email confirming his start date and salary, and no written statement of employment particulars, although he said the absence of such a statement mainly made some matters, such as holidays, more difficult rather than causing major problems.

On the wages claim, the tribunal found a breach of s.13 ERA 1996 because the respondent had failed to pay the claimant's final week's wages. It awarded £406.94 net pay for the week ending 3 June 2022. On the written particulars issue, the tribunal found that the claimant had not been provided with the statement required by s.1 ERA 1996 and, under s.38 Employment Act 2002, increased the award by two weeks' gross pay. It explained that it used the lower rate because the claimant had not shown any particular circumstances justifying a higher award. The total compensation awarded was £1,464.64.