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Failing to provide written particulars may lead to a financial penalty

Gateley Legal

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Issue

Failing to provide a written statement of employment particulars may lead to an award of compensation being made against the employer. However, an order for compensation may only be made where a claimant has successfully brought another claim against the employer. In other words, it is an ‘add on’ rather than a standalone claim. In the case of Mr Yaser Iqbal ta Smokin' Rooster v Mr Amandeep Singh the issue was whether the two claims had to relate to the same employment. 

Facts

Wages claims were brought in respect of work carried out from January to May and for six weeks in July and August 2017. The claim for the earlier period was dismissed as it had been submitted out of time. However, the claim in respect of his later employment succeeded and as no written particulars were provided a further four weeks pay was awarded. The employer appealed as the duty to provide particulars had not applied to the later period of work as it had lasted less than two months. 

Decision

Before an award could be made it had to be shown that the employer was in breach of their duty to provide particulars and there had to be a finding in favour of the employee. The employer had been in breach of its duty and that breach had continued even after the employment ended and the second period of employment started. As it had been decided that one aspect of the claim succeeded in respect of the second period of employment the additional award could be made.

Key points

The laws relating the duty to provide written particulars were changed in April 2020. At the time of this judgment, the employer had a duty to provide written particulars within two months of an employee starting. The right applies now from day one of employment and compensation of between two and four weeks pay may be awarded to employees or workers who have not received the necessary information following any successful claim in the Employment Tribunal. 

More information

To discuss any points raised in this article or any other issues, please contact our expert listed below.

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