In person, assisted by his father For the v Crouch Logistics Limited and 1 other — 2022

Mr Luke Chappell brought claims of unfair dismissal, unpaid holiday, non-payment of wages, and notice pay after his employment ended. The second respondent did not attend the hearing, and the tribunal proceeded in its absence under rule 47. The tribunal found that, by 13 January 2022, the claimant was working for Complex Logistics Ltd, because the earlier letter from Mr Crouch showed a change of company name and there had been no transfer of an undertaking before that date.

The claimant had worked as a full-time Van Driver from 16 May 2019. He had received a final written warning on 7 September 2021 for consistent absences and incorrectly reporting absence. By December 2021 he had been absent on a further four occasions, and he was orally dismissed by the Depot Manager on 13 January 2022 while on sick leave.

The unfair dismissal claim was dismissed. The tribunal found that the claimant had breached the requirements of the final written warning because he was absent on four days within six months of the warning, and it was satisfied that the dismissal was fair. However, the tribunal was unsure, in the absence of evidence from the second respondent, whether he would have been allowed to work his notice or be paid in lieu of notice, and decided that he should have been paid two weeks' notice.

The notice pay claim was proved and the tribunal awarded £692.30 net, calculated as two weeks at £346.15 net per week. The unauthorised deduction from wages claim was well-founded because the claimant had not been paid his January 2022 salary, and £1,500 net was awarded. The accrued unpaid holiday claim was also well-founded: the tribunal found that 19 days remained at termination, at £69.23 per day, producing an award of £1,315.37 net. The total sum ordered against the second respondent was £3,507.67 net.