Mr Alan Gilmour v Neil Hadris (Owner, NH Transport Services – Sole Trader — 2022

Mr Alan Gilmour worked for the respondent as a driver from 17 May 2021 to 12 April 2022. The respondent did not attend or file a response. At the hearing the claimant withdrew his unfair dismissal claim and his claim for alleged unauthorised deductions in respect of holiday pay and pension contributions, saying he did not have the necessary two years' continuous service for unfair dismissal.

The tribunal found that the claimant was paid monthly in arrears and that his net salary was £1,785.60. It accepted that he was dismissed on 12 April 2022, but found that he was not paid his April 2022 wages. On the evidence, including bank statements and WhatsApp messages, the tribunal concluded that the amount properly payable was the net sum of £988.80 for 1 to 19 April 2022: the claimant had worked until 12 April 2022 and was entitled to at least one week's notice under s.86(1)(a) ERA 1996. The tribunal rejected the claimant's argument that he was entitled to be paid until 29 April 2022 because the WhatsApp exchange was too ambiguous to establish such an agreement.

The tribunal also found that the respondent had failed to provide written particulars of employment, in breach of s.1 ERA 1996. It therefore increased the claimant's award by £824 under s.38(3) Employment Act 2002, being the equivalent of two weeks' net pay. The judgment records total awards of £988.80 for the unpaid wages and £824 for the written particulars breach, making £1,812.80 in all.