Claimant v Karun Enterprises Limited

The tribunal found that the second claimant, Mr. J. Griffiths, was unfairly dismissed by the respondent. The dismissal was found to be procedurally and substantively unfair under the ordinary unfair dismissal provisions.

The tribunal determined that the first claimant, Miss S. Stevens, failed to establish that there was a fundamental breach of contract by the respondent which entitled her to resign and treat herself as constructively dismissed.

Both claimants succeeded in their claims for unauthorised deductions from wages in respect of extra shifts worked. The tribunal found that the respondent had failed to pay the claimants for these additional shifts.

Both claimants succeeded in their claims for accrued but outstanding entitlement to annual leave in respect of extra shifts. The tribunal found the respondent had not properly paid holiday pay for the additional shifts worked.

Both claimants succeeded in their claims for not being provided with a written statement of employment particulars. The tribunal found the respondent had failed in its statutory duty to provide this documentation.