Driver awarded £7,080 after employer fails to pay wages, holiday pay and allowances
A former driver for UK Cargo Logistics Services Limited has won a default judgment for £7,080.40 in unpaid wages, holiday pay, night allowances, meal allowances and expenses after the company failed to respond to the claim.
1 min read · Last updated 18 May 2026
Case details
- #unpaid-wages
- #holiday-pay
- #night-allowance
- #meal-allowance
- #expenses
- #default-judgment
- #no-response
Key facts
- The claimant was employed by the respondent as a driver at an hourly rate of £17.
- The respondent agreed to pay a night allowance of £25 per night, a meal allowance of £12 per day, and relevant expenses.
- The respondent failed to pay the claimant's wages, holiday pay, night allowances, meal allowances, and expenses.
- The respondent did not respond to the claim or attend the hearing.
- The claimant's unfair dismissal claim was struck out due to insufficient service.
Timeline
-
Start of work diary
The claimant's work diary begins, recording hours and allowances.
-
End of work diary
The claimant's work diary ends.
-
Tribunal letter to claimant
The tribunal gave the claimant an opportunity to show why the unfair dismissal claim should not be struck out.
-
Letter to respondent
The tribunal sent a letter to the respondent notifying them that a Rule 21 judgment may be made.
-
Directions by Employment Judge Holmes
Employment Judge Holmes gave directions for the remaining claims.
-
Strike-out of unfair dismissal claim
Employment Judge Holmes struck out the unfair dismissal claim.
-
Claimant's covering letter
The claimant sent a covering letter and supporting documents to the tribunal.
-
Final hearing
The hearing took place by video. The claimant attended; the respondent did not. Judgment was given in favor of the claimant.
The legal issue
Whether the employer made unlawful deductions from wages, failed to pay holiday pay, and breached contract by not paying night allowances, meal allowances and expenses as agreed.
The outcome
The tribunal ruled in favour of the former employee, finding that UK Cargo Logistics Services Limited had unlawfully deducted wages, failed to pay holiday pay, and breached contract by not paying night allowances, meal allowances and expenses.
The total award of £7,080.40 is made up of:
- £4,661.40 gross for unpaid wages
- £408 gross for unpaid holiday pay
- £2,011 net for unpaid night allowances, meal allowances and expenses
Lessons & takeaways
- If your employer fails to pay wages or agreed allowances, you can bring a claim for unlawful deductions from wages without needing two years' service.
- Keep detailed records of hours worked, allowances agreed and payments received – they are crucial evidence in tribunal claims.
- If your employer does not respond to the claim, the tribunal can enter a default judgment in your favour if it is satisfied the employer was aware of the proceedings.
- Unfair dismissal claims require at least two years' continuous service unless an exception applies – check your eligibility before bringing such a claim.
A driver's unpaid wages and allowances
This case shows what can happen when an employer simply ignores a tribunal claim. The former driver had worked for UK Cargo Logistics Services Limited at an hourly rate of £17, with an agreement that he would receive a night allowance of £25 per night, a meal allowance of £12 per day, and reimbursement of expenses. Despite working and recording his hours, the company failed to pay his wages, holiday pay, and the agreed allowances.
What the employer could have done differently
The employer had every opportunity to respond. The tribunal sent a letter in August 2022 warning that a default judgment might be made if no response was received. The company did not engage at any stage – it did not file a response, attend the hearing, or provide any evidence to challenge the driver's claims. Had it done so, it might have been able to dispute the amounts or reach a settlement. By staying silent, it left the tribunal with no choice but to accept the driver's evidence and award the full amount claimed.
Why this result matters
This case is a reminder that employers cannot simply ignore tribunal proceedings. The driver was able to prove his case using his work diary, a payslip and bank statements, supported by his sworn evidence. The tribunal was satisfied on the balance of probabilities that the sums were owed. The driver's unfair dismissal claim was struck out because he had less than two years' service – a common hurdle – but his claims for unpaid wages, holiday pay and contractual allowances succeeded regardless. For employees in similar situations, keeping good records and pursuing all available claims can make the difference between receiving nothing and recovering thousands of pounds.
Similar cases
Employer's failure to respond leads to default judgment for unfair dismissal and unpaid wages
A former employee with seven years' service won £5,687.63 after his employer failed to file a response to his tribunal claims for unfair dismissal, unpaid sick pay, holiday pay and notice pay.
Plumber with two months' service awarded £5,294 for unpaid wages and holiday pay
A plumber who worked for just two months was awarded £5,294 after his employer failed to pay his full wages and holiday pay. The employer did not attend the hearing or file a response.
£100,000 award after employer fails to defend unfair dismissal claim
A former employee with 17 years' service was awarded over £100,000 after his employer failed to engage with the tribunal process, leading to a default judgment and strike-out of their response.
Independent clerk to school appeals panels was a worker, not an employee — claims out of time
A long-serving independent clerk who worked for Royal Borough of Greenwich for 28 years was found to be a worker rather than an employee, meaning her unfair dismissal claim could not proceed. Her remaining claims for holiday pay and expenses were also dismissed as too late.
