Claimant won £7,080 awarded Employment Tribunal · 24 October 2022

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

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

  1. Start of work diary

    The claimant's work diary begins, recording hours and allowances.

  2. End of work diary

    The claimant's work diary ends.

  3. Tribunal letter to claimant

    The tribunal gave the claimant an opportunity to show why the unfair dismissal claim should not be struck out.

  4. Letter to respondent

    The tribunal sent a letter to the respondent notifying them that a Rule 21 judgment may be made.

  5. Directions by Employment Judge Holmes

    Employment Judge Holmes gave directions for the remaining claims.

  6. Strike-out of unfair dismissal claim

    Employment Judge Holmes struck out the unfair dismissal claim.

  7. Claimant's covering letter

    The claimant sent a covering letter and supporting documents to the tribunal.

  8. Final hearing

    The hearing took place by video. The claimant attended; the respondent did not. Judgment was given in favor of the claimant.

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.

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