Claimant won £1,306 awarded Employment Tribunal · 3 November 2023

Casual worker wins unpaid wages claim after 10 days' work via Facebook

A casual worker who responded to a Facebook post for help unloading a container has won a claim for unpaid wages, holiday pay, and failure to provide a written statement. The tribunal awarded £1,306.

1 min read · Last updated 19 May 2026

Case details
  • #casual-worker
  • #facebook-recruitment
  • #cash-payments
  • #no-written-statement
  • #small-employer

Key facts

  • The claimant worked for the respondent from 9 to 18 May 2022, totalling 57.5 hours at £12 per hour.
  • The respondent paid the claimant £78 for the first day and two cash advances of £30 and £50, but not the full wages.
  • The respondent did not provide a written statement of employment particulars.
  • The claimant did not take any holiday and received no holiday pay.
  • The respondent's application for reconsideration was refused.

Timeline

  1. Facebook post

    The respondent posted on Facebook seeking help to unload a container; the claimant responded.

  2. First day of work

    The claimant worked for the respondent and was paid £78 by bank transfer.

  3. Second day of work

    The claimant worked again; the respondent considered engaging him as a casual employee but did not send the HMRC Starter Checklist.

  4. Continued work

    The claimant worked from 11 to 18 May without a written statement of terms.

  5. Cash advance of £30

    The respondent gave the claimant a cash advance of £30.

  6. Last day and cash advance of £50

    The claimant's last day; the respondent gave him a cash advance of £50.

  7. Text exchange

    The claimant texted the respondent about unpaid wages and holiday pay.

  8. Grievance letter

    The claimant sent a grievance letter raising issues including holiday pay and lack of written particulars.

  9. Claim issued

    The claimant issued proceedings for unpaid wages, holiday pay, and failure to provide a written statement.

  10. Case management hearing

    A preliminary hearing clarified the three claims.

  11. Final hearing

    The tribunal heard evidence and found in favour of the claimant.

  12. Written reasons

    The tribunal issued written reasons for its judgment.

  13. Reconsideration refused

    The respondent's application for reconsideration was refused.

The outcome

The tribunal found in favour of the claimant on all three claims.

  • Unpaid wages: £532 awarded for 57.5 hours worked at £12 per hour, minus payments already made.
  • Holiday pay: £84 awarded for accrued holiday pay.
  • Failure to provide written statement: £690 awarded (2 weeks' pay) under section 38 of the Employment Act 2002.

Lessons & takeaways

  • Even casual workers with short service are entitled to be paid for all hours worked and to receive holiday pay.
  • Employers must provide a written statement of employment particulars from day one, even for short-term casual workers.
  • Paying cash advances or partial payments does not relieve an employer of the obligation to pay the full wages due.
  • Small employers should keep accurate records of hours worked and payments made to avoid disputes.

A short engagement, a clear obligation

This case shows that even a brief period of casual work carries legal obligations. The claimant worked for just 10 days in May 2022, responding to a Facebook post from JAVA Art Limited seeking help unloading a container. Despite the short engagement, the tribunal found that the claimant was entitled to full payment for the 57.5 hours he worked at £12 per hour, plus holiday pay.

The respondent paid £78 for the first day and gave two cash advances of £30 and £50, but failed to pay the balance. The tribunal ordered the respondent to pay the outstanding wages of £532, holiday pay of £84, and a further £690 for failing to provide a written statement of employment particulars.

What the employer could have done differently

The respondent, a small company, appeared in person and argued that no sums were owing. However, the tribunal found that the claimant had not been paid for all hours worked. Keeping clear records of hours and payments, and ensuring that all wages are paid promptly, would have avoided this claim. Additionally, providing a written statement of terms from the start is a legal requirement that applies to all workers, regardless of the length of their engagement.

Why this matters for similar claims

This case is a reminder that the law protects casual workers, even those with very short service. The award of £690 for the failure to provide a written statement – equivalent to two weeks' pay – shows that tribunals take this obligation seriously. For workers, it demonstrates that it is possible to bring a claim for unpaid wages and holiday pay even after a brief period of work. For employers, it highlights the importance of proper record-keeping and compliance with basic employment rights from day one.

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