Mr T A Stokes v Mr C S Eskuchen-Kahler: 6015558/2025
EMPLOYMENT TRIBUNALS
Case No 6015558/2025
Between
Mr Thomas Andrew StokesClaimantMr Carl Sebastian Eskuchen-KahlerRespondent
Before
Employment Judge BarkerDate 15 October 2025
JUDGMENT
[1]The claim was presented in the Employment Tribunal on 30 April 2025. The respondent has failed to present a response. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 22 of the Employment Tribunal Rules of Procedure 2024.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £5230.33 (based on 1 month’s notice and a net weekly wage of £1207.00).[3]The claimant was automatically unfairly dismissed by reason of his complaint about unlawful deductions from wages and is entitled to a compensatory award of 6 months’ net loss of earnings of £31,382.00. He has earned £13,521.94 as mitigation during that time, which reduces his compensatory award to £17860.06.[4]The claimant was paid no wages by the respondent during his employment. He is entitled to unlawful deductions from wages of £31382.00.[5]The respondent failed to provide him with written particulars of employment. When the proceedings were brought, the respondent was in breach of the duty to do so and in such circumstances the Tribunal will make an award of 2 weeks’ pay (s38(1) to (5) Employment Act 2002). The maximum amount of a week’s pay of £719 applies and so the claimant is to be paid £1438.00.[6]The claimant was paid no holiday pay and his accrued holiday pay was unpaid at the termination of his employment. The respondent is to pay 2.83 weeks holiday to him which is £3415.81.[7]The respondent must pay the claimant £59,326.20 in total. Approved by: