Claimant v Mr Carl Sebastian Eskuchen-Kahler
Outcome
Individual claims
The claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a response and the tribunal made a default judgment under rule 22, awarding damages based on 1 month's notice.
The claimant was automatically unfairly dismissed by reason of his complaint about unlawful deductions from wages. The tribunal awarded 6 months' net loss of earnings reduced by mitigation earnings.
The claimant was paid no wages by the respondent during his employment. The tribunal awarded the full amount of unpaid wages claimed.
The claimant was paid no holiday pay and his accrued holiday pay was unpaid at termination. The tribunal awarded 2.83 weeks of accrued but unpaid holiday pay.
The respondent failed to provide written particulars of employment as required by law. The tribunal awarded 2 weeks' pay under section 38 of the Employment Act 2002.
Facts
The claimant was employed by the respondent individual but was paid no wages during his employment. He complained about unlawful deductions from wages and was subsequently dismissed. The respondent also failed to provide written particulars of employment or pay holiday pay. The respondent failed to present a response to the tribunal claim filed on 30 April 2025.
Decision
The tribunal made a default judgment under rule 22 in favour of the claimant, awarding damages for breach of contract (notice pay), automatic unfair dismissal compensation reduced by mitigation, full unpaid wages, accrued holiday pay, and an award for failure to provide written particulars. The total award was £59,326.20.
Practical note
Employers who fail to pay any wages and dismiss employees who complain about this face automatic unfair dismissal claims and substantial awards, particularly when they fail to defend the claim.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6015558/2025
- Decision date
- 15 October 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No