Claimant v ATP Access Platforms Ltd
Outcome
Individual claims
The tribunal found the respondent had unlawfully deducted £568.43 from the claimant's wages and ordered repayment of the gross sum.
The tribunal found the respondent breached the claimant's contract by failing to pay proper notice pay and awarded damages of £3,333.33 representing notice period entitlement calculated on a gross basis.
The tribunal found the dismissal was unfair and awarded a basic award of £2,893.50 and compensatory award of £40,000 after any applicable deductions or uplifts.
The respondent breached its duty under Section 4(1) ERA 1996 to provide written statement of particulars regarding change to working hours. The tribunal found no exceptional circumstances and awarded two weeks' pay under Section 38 Employment Act 2002.
Facts
The claimant was employed by ATP Access Platforms Ltd. The respondent made unlawful deductions from wages, failed to pay proper notice, dismissed the claimant unfairly, and failed to provide written particulars of a change to working hours as required by statute. This was a remedy hearing following an earlier liability finding.
Decision
The tribunal ordered payment of unlawfully deducted wages (£568.43), damages for wrongful dismissal representing notice pay (£3,333.33), unfair dismissal awards totaling £42,893.50, and a statutory award for failure to provide written particulars (£1,286). The total award was £48,081.26.
Practical note
Employers must comply with basic statutory obligations including providing written particulars of employment changes, paying proper notice, and avoiding unlawful wage deductions, as failure can result in substantial cumulative awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3305388/2024
- Decision date
- 9 June 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- solicitor