Nuttall v MJ'S Braehead Ltd: 8000920/2025
JUDGMENT
Upon the Respondents not attending, and practicable inquiries having been made, under rule 47 of the Employment Tribunal Rules 2024 I decided to proceed to hear the claim, and having heard the claimant’s evidence, I order that: The Claimant’s claims for:(a) Unfair dismissal;(b) Unlawful deductions from wages; and(c) Breach of contract succeed. The Respondents are ordered to pay to the claimant: Unfair dismissal compensation Basic Award: £253.70 Compensatory element: Loss to hearing: £5920.75 Future loss: £1795 Lost statutory rights: £500 Unreasonable failure to observe ACAS Codes uplift of 25% on compensatory element: £2070.93 Total compensatory element: £10354.68 The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349, apply. In accordance with those Regulations: (a) the total monetary award made to the claimant is £10354.64; (b) the amount of the prescribed element is £5920.75 (c) the dates of the period to which the prescribed element is attributable are 7 December 2024 to 5 August 2025;(d) the amount by which the monetary award exceeds the prescribed element is £4433.93 Breach of contract damages: £236.83 Unlawful deductions from wages compensation (accrued holiday pay for 74.39 hours): £819.84 Expenses The Respondents are ordered to pay the claimant’s legal expenses pursuant to the Tribunal Rules 2024 in view of the Respondents’ unreasonable conduct of the proceedings. Expenses: £450. Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.