Claimant v NikNick Leisure Ltd
Outcome
Individual claims
The tribunal found that the respondent made unauthorised deductions totalling £20 from the claimant's wages, in breach of the Employment Rights Act 1996 Part II.
The tribunal found that the claimant had accrued but untaken holiday entitlement at the termination of employment and awarded £273.28 representing that entitlement under the Working Time Regulations 1998.
The tribunal found that the claimant was automatically unfairly dismissed for asserting a statutory right in respect of sick pay entitlement, contrary to section 104 of the Employment Rights Act 1996.
Facts
Miss Stones was employed by NikNick Leisure Ltd. The respondent made £20 in unauthorised deductions from her wages. She also had accrued but untaken holiday entitlement of £273.28 at termination. She was dismissed after asserting her statutory right to sick pay. The respondent's director did not enter an appearance at the tribunal hearing.
Decision
The tribunal found all claims succeeded. The dismissal was automatically unfair under section 104 ERA 1996 as it was for asserting a statutory right to sick pay. The claimant was awarded £20 for wage deductions, £273.28 for holiday pay, and £439.47 compensatory award for unfair dismissal, totalling £732.75.
Practical note
Dismissing an employee for asserting their statutory right to sick pay constitutes automatic unfair dismissal and non-appearance by a respondent does not prevent a tribunal from making findings and awards against them.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6029098/2025
- Decision date
- 18 December 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No