Mr M Karamvand v Heartlands Fryers Ltd (in liquidation): 1311314/2020
JUDGMENT
In default of the Respondent presenting a Response within the relevant time limit and having regard to Rule 22 of The Employment Tribunal Procedure Rules 2024, the Judgment of the Tribunal is that[1]The Claimant’s claim for unfair dismissal is well-founded and succeeds.[2]The Respondent shall pay to the claimant a compensatory award of £12,492.56 (calculated by reference to estimated net weekly pay of £499.69 per week x 24 weeks + £500.00 for loss of statutory employment rights = £12,492.56.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. a) The total monetary award payable to the claimant for unfair dismissal is Case No 1311314/2020 2 £ 12,492.56. b) The prescribed element is £12,492.56. c) The period of the prescribed element is from 26th May 2021 to 6th February 2025. d) The difference between the total monetary award payable to the Claimant for unfair dismissal and the prescribed element is £0.00.[4]The Claimant’s claim for wrongful dismissal is well-founded and succeeds. There is no additional award of compensation in respect of this complaint as the compensatory award includes compensation for lost earnings for what would otherwise have been the claimant’s notice period.[5]The Claimant’s complaint of unauthorised deductions from wages is well-founded and succeeds. The Respondent made unauthorised deductions from the Claimant's wages in respect of unpaid holiday pay in the period 25/03/2017 until 24/03/21.[6]The Respondent shall pay the Claimant £3,360.00, representing unpaid holiday pay in the two-year period prior to the presentation of the claimant’s claim on 21 December 2020, (being the maximum period in respect of which compensation can be awarded pursuant to the Deduction from Wages (Limitation) Regulations 2014). This award is made in respect of the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance.[7]The complaint that the Respondent was in breach of contract by failing to pay the Claimant a contractual redundancy payment is well-founded. There is no award of compensation in respect of this complaint as the Claimant’s redundancy payment has already been settled in full by the RPS.[8]The Respondent failed to give the Claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period 25 March 2017 until 22 April 2021.[9]When the proceedings began the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £2,400.00.[10]The total award of compensation is therefore £18,252.56, of which £12,492.56 is subject to recoupment. Employment Judge Walker Approved on: 18th February 2025 Case No 1311314/2020 3 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.