Mr A Avery v JH Transport Limited — 2023

Mr A Avery’s claims were determined in undefended proceedings. The respondent did not defend the claims, did not attend the case management preliminary hearing, and did not respond to the tribunal’s note setting out the sums sought. The tribunal therefore proceeded on the material available and found that it could issue judgment on that basis.

On the facts found, the respondent had ceased paying wages to the claimant and had ceased all contact with him. The tribunal accepted the claimant’s evidence that he had not been paid his daily rate of £120 for 60 days, amounting to £7,200, for work he had done. It also accepted that he had not been paid holiday entitlement for the year.

The tribunal held that the unpaid wages claim succeeded under section 13 of the Employment Rights Act 1996 and declared that an unlawful deduction from wages had been made. It also found that the claimant was entitled to payment for 5.6 weeks’ accrued holiday, calculated at £500 per week, totalling £2,800. The judgment ordered payment of both gross sums, subject to deductions required by law.