Claimant v Handley Steel Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal under Part X Employment Rights Act 1996 was well-founded. The respondent failed to attend the hearing to defend the claim. The claimant was awarded both basic and compensatory awards.
The tribunal found the breach of contract claim well-founded. The respondent failed to pay notice pay and benefits, and failed to provide private medical insurance during the period 1 June 2024 to 5 October 2024. Awards were calculated using gross pay as Post Employment Notice Pay.
The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 was well-founded. The respondent made unauthorised deductions from the claimant's wages in the period 1 June 2024 to 5 October 2024.
The complaint in respect of holiday pay was well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2)/16(1) of the Working Time Regulations 1998.
Facts
Mrs Handley was employed by Handley Steel Limited until her dismissal on 5 October 2024. The respondent failed to pay her wages from 1 June 2024, did not provide contractual private medical insurance during this period, and failed to pay notice pay or holiday pay upon termination. The respondent did not attend the tribunal hearing to defend the claims and had failed to provide written terms and conditions of employment.
Decision
The tribunal found all of the claimant's claims well-founded. The respondent unreasonably failed to follow the ACAS Code on disciplinary and grievance procedures, resulting in a 25% uplift on all awards. An additional two weeks' pay was awarded for failure to provide written terms of employment. Total awards amounted to £24,723.42.
Practical note
Employers who fail to attend tribunal hearings, ignore ACAS procedures, and fail to provide basic contractual entitlements face substantial awards including automatic 25% uplifts and section 38 penalties for failure to provide written terms.
Award breakdown
Adjustments
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it was just and equitable to increase compensation payable by 25%
Legal authorities cited
Statutes
Case details
- Case number
- 1311673/2024
- Decision date
- 24 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
Claimant representation
- Represented
- No