Mr A Whetton v Gee Tee Building Ltd: 2600338/2022
JUDGMENT
After making reasonable efforts to contact the respondent but being unable to contact them, and after deciding the respondent had had notice of the hearing, noting the respondent had applied for an adjournment which had been refused (and had been told the same), after considering the Tribunal’s file and after considering rule 47 of the Tribunal’s rules of procedure, the Tribunal decided to continue with the hearing in the respondent’s absence and determine the claim And after hearing evidence from the claimant and considering the documents filed IT IS ORDERED THAT[1]The respondent unfairly dismissed the claimant. The respondent must pay to the claimant a basic award in the sum of £4,645.76;[2]The respondent failed to pay to the claimant his holiday pay. The respondent must pay to the claimant the sum of £2,179.67;[3]The respondent made unauthorised deductions from the claimant’s wages. The respondent must therefore pay to the claimant 3.1. The sum of £304.36 for deductions purportedly made for pension contributions but which were not remitted to the pension provider, and 3.2. The further sum of £7.50 for wages declared but not paid;[4]The respondent wrongfully dismissed the claimant. The respondent must pay to the claimant damages of £663.38 gross; Page 1 of 2 Case No 2600338.2022[5]The respondent failed to provide to the claimant a written statement of his employment particulars. The Tribunal considers it is just and equitable to award 4 weeks pay. The respondent must therefore pay £2,653.52;[6]The tribunal considers that the failure to follow the ACAS Code of Practice makes it just and equitable to award an uplift of 25%. The respondent must therefore pay an additional sum of £10,454.19 × 25% = £2,613.55.