No automatic right to additional compensation

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Mr Roberto Levy v 34 & CO Ltd 

If an employer has failed to comply with the statutory obligation to provide a written statement of employment particulars the Employment Tribunal may make an additional award of two or four week’s pay where there have been proceedings successfully brought against the employer. The issue in the case of Mr Roberto Levy v 34 & CO Ltd was whether an Employment Tribunal was required to make the additional award in every case whether or not it had been included in the claim. 

The employee brought a claim for unlawful deductions 

Mr Levy, a chef, had resigned after only a short period of employment. He brought a claim for unlawful deductions on the grounds that he was still owed £148.62. The employer decided that it would not commercially make sense to get legal representation and did not take part in the hearing at which Mr Levy produced a schedule of loss that included for the first time reference to a failure to provide him with written particulars of employment. The Tribunal awarded just £148.62 without any uplift.

It was held that an award must be made

Mr Levy’s appeal that the Tribunal was under a statutory duty to increase the award failed. It was held that whilst under the legislation an award must be made, unless there are "exceptional circumstances",  it was still necessary for the claimant to make clear when bringing the proceedings that it was an issue that had to be addressed. It would otherwise have not been possible for an employer to make appropriate representations. 

Key takeaway point

This decision confirms that it will not automatically follow that a successful claimant will always  receive additional compensation where in the course of the proceedings it becomes apparent that there may have been a failure to provide written particulars. If a claimant wishes the Employment Tribunal to consider making such an award it should be made clear when the claim is submitted so that the employer  is put on notice and has the opportunity to respond.

Do you require more information regarding additional compensation claims?

If you have any queries regarding additional compensation claims, please get in touch with our expert listed below who will be happy to advise you. 

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