Cases1300309/2025

Claimant v Handling Equipment UK Limited

24 November 2025Before Employment Judge Gordon WalkerBirmingham

Outcome

Claimant succeeds£13,270

Individual claims

Unfair Dismissalsucceeded

The tribunal found the claimant was unfairly dismissed by the respondent. The dismissal was procedurally or substantively unfair under the Employment Rights Act 1996. The claimant succeeded in establishing that the dismissal was not for a potentially fair reason or that the procedure followed was unreasonable.

Holiday Paysucceeded

The tribunal found the respondent breached the claimant's contract by failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The respondent was in breach of its statutory obligation under the Working Time Regulations to pay accrued untaken holiday on termination.

Facts

Mr Bloxham was employed by Handling Equipment UK Limited and was dismissed. The respondent failed to provide him with a written statement of employment particulars. On termination, the respondent failed to pay him for accrued but untaken holiday. He brought claims for unfair dismissal and holiday pay.

Decision

The tribunal found the dismissal was unfair and awarded a basic award of £10,500 and a very modest compensatory award of £748.85, suggesting the claimant quickly found new work. The tribunal also awarded £621.23 for unpaid holiday and a two-week penalty of £1,400 for failure to provide written particulars.

Practical note

Even where losses are minimal due to successful mitigation, employees are entitled to the statutory basic award and can recover penalties for failure to provide employment particulars.

Award breakdown

Basic award£10,500
Compensatory award£749
Holiday pay£621

Award equivalent: 19.0 weeks' gross pay

Legal authorities cited

Statutes

Employment Rights Act 1996Employment Act 2002 s.38Employment Protection (Recoupment of Benefits) Regulations 1996

Case details

Case number
1300309/2025
Decision date
24 November 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Employment details

Salary band
£30,000–£40,000

Claimant representation

Represented
Yes
Rep type
lay rep