Outcome:
The Respondent failed to file a response. Judgment in default entered in favour of the Claimant. The Respondent was ordered to pay £3,724 in total compensation and damages.
Key findings:
- The Claimant worked 138 hours at £14 per hour and was unpaid for all bar £200. £1,732 remained outstanding. The Tribunal ordered payment for the unpaid wages with no deductions for ITIS or social security.
- No written contract was provided within the 4-week period required by the Employment (Jersey) Law 2003. The breach was considered blameworthy, particularly given that the Claimant had requested a contract on multiple occasions. The Claimant was awarded three weeks’ pay, amounting to £996.
- One cash payment of £200 was made without an itemised pay slip. The absence of a payslip caused practical difficulties for income support and tax purposes. The Claimant was awarded three weeks’ pay, amounting to £996.
- The tribunal acknowledged that the Respondent is a small business and that Mr Haynes was only employed for six weeks, which moderated (but did not remove) compensation.
Lessons learned:
- Default carries consequences: Failure to file a response will result in judgment being entered automatically.
- Wages must be paid and documented: Non-payment of wages will be ordered gross and enforceable through the Tribunal or Petty Debts Court.
- Written terms are mandatory: Employers must provide written terms within 4 weeks; repeated employee requests aggravate the breach.
- Cash payments still require pay slips: Even a single payment without an itemised pay statement can justify compensation.
- Administrative excuses are insufficient: Lack of an accountant or internal systems will not excuse statutory breaches.
