Claimant v BBA Remanufacturing Ltd in voluntary liquidation

Tribunal found the first respondent made unauthorized deductions from claimant's wages for unpaid commission. Claimant was entitled to £585 gross for commission for the period 19-27 February 2024, calculated on the basis of 6 days work at an average of 6.5 sales per day at £15 commission per sale.

Tribunal found claimant was wrongfully dismissed and entitled to 2 weeks' notice pay of £1,104.58 (£552.29 net per week based on an average of his last 3 months' earnings including commission). Claimant limited his claim to statutory notice as he will pursue the remaining loss of earnings under the age discrimination claim.

Tribunal found claimant was entitled to 4.5 days of accrued holiday pay of £606.42, calculated at 4.5 times a day's pay of £134.76 based on his last 3 months earnings including commission.

Tribunal found the first respondent unfairly dismissed the claimant and awarded compensation of £1,071 consisting of a basic award of £571 and loss of statutory rights of £500. Loss of earnings was not awarded as the claimant chose to pursue this as part of the continuing age discrimination claim.

Tribunal found claimant did not receive particulars of employment compliant with s1 Employment Rights Act 1996, nor an update when his employer changed. Awarded an increase of £1,286 (2 weeks' gross pay capped at £643 per week). The respondent had provided partial terms when he began and written updates of employer names on pay statements.

The claim of age discrimination is continuing against all three respondents. The claimant chose to pursue his loss of earnings as part of that claim. This matter was not determined at this Rule 21 hearing.