Mr T Henry v KK Services Contractors Ltd (In Creditors Voluntary Liquidation) and Mr K Krzyszyzak: 1801670/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The complaint of unfair dismissal succeeds and is upheld. The first respondent is ordered to pay the claimant a compensatory award of £2,780.10. This amount is subject to a 10% uplift due to the first respondent’s failure to comply with the ACAS Code, the total sum to be paid is £3,058.11.[2]The first respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £1,469.29. This amount is subject to a 10% uplift due to the first respondent’s failure to comply with the ACAS Code, the total sum to be paid is £1616.21.[3]The claimant’s complaints against the first and second respondents in respect of whistleblowing detriment are well founded.[4]The second respondent is ordered to pay the claimant the sum of £3,500 as compensation for injury to feelings arising from whistleblowing detriment.[5]The claimant’s holiday pay complaint is dismissed as not pursued.[6]The recoupment regulations do not apply to these awards. Note: the complaints of unfair dismissal and unauthorised deductions from wages cannot be upheld against the second respondent in the absence of a hearing with evidence and judgment “piercing the corporate veil”. Case No: 1801670/2022