Mr B King v Jamkam Ltd (In Creditors Voluntary Liquidation): 1401443/2025
JUDGMENT
[1]The complaint of constructive unfair dismissal against the Respondent, under Part X Employment Rights Act 1996, is well-founded. The Claimant was constructively unfairly dismissed and the Respondent is ordered to pay the Claimant the following:(a) A basic award in the sum of £1,438 (gross weekly pay capped at £719 x 2 multiplier, as Claimant was 32 years old at the time of resignation and the number of years’ service is 2); and(b) A compensatory award in the sum of £21,034 (£300 loss of statutory rights plus £20,734 for loss of earnings from June 2025 to April 2026).[2]The complaint of unauthorised deductions from pay, contrary to Part II Employment Rights Act 1996, in respect of pay from 1 January 2025 to 13 May 2025 is well-founded. The Respondent is ordered to pay to the Claimant the gross sum of £16,124 (which is the Claimant’s gross monthly wage of £3,583 multiplied by 4.5 months).[3]The complaint of unauthorised deductions from pay, contrary to Part II Employment Rights Act 1996, in respect of failure to pay the Claimant’s salary for December 2025 is well-founded. The Respondent is ordered to pay the Claimant the gross sum of £3,583 (which is the Claimant’s gross monthly wage).[4]The complaint of breach of contract against the Respondent in relation to 2 week’s statutory notice pay is well-founded. The Respondent is ordered to pay to the Claimant the gross sum of £1,156 (which is the Claimant’s Case No: 1401443/2025 weekly gross wage of £827 multiplied by 2 weeks, minus the £498 paid to the Claimant by the Respondent in April 2025).[5]The complaint in respect of holiday accrued but unpaid on termination, contrary to the Working Time Regulations 1998, is not well-founded and is dismissed.[6]The Respondent is therefore ordered to pay the Claimant the gross sum of £43,335.[7]The recoupment regulations do not apply as the Claimant has not received any State benefits. Approved by: