Mr Adam Hadwen v FTB Inns Limited — 2020

Mr Adam Hadwen brought two complaints under section 11 of the Employment Rights Act 1996: first, that FTB Inns Limited failed at any stage to provide a statement of initial employment particulars required by section 1; and second, that it failed during employment to provide itemised pay statements required by section 8. The respondent did not present a response, so the tribunal entered judgment for the claimant under Rule 21 on the available material.

At the telephone case management hearing on 1 May 2020, the respondent had been notified but did not provide contact details to join. The tribunal noted that, had the respondent participated, any submissions would have been limited to remedy. It held that the only remedy available under section 12 was a declaration of the extent of the employer's default. The judgment also noted that section 38 of the Employment Act 2002 can in some cases provide additional compensation, but only where the complaint is brought with another substantive complaint listed in Schedule 5, which was not the position here.

The tribunal therefore declared that the respondent failed to provide the claimant with a statement of initial employment particulars and failed to provide itemised pay statements. It also noted that the claimant had been employed from 26 November 2018 to 29 July 2019, that he was paid weekly, and that three monthly pay statements had been provided over the course of employment, but these dates did not materially affect the declarations made and no further hearing or evidence was required.