Cases3201496/2024

Claimant v Silver Hall Social Club Ltd

6 June 2025Before Employment Judge J FeenyEast Londonremote video

Outcome

Claimant succeeds£29,399

Individual claims

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent had unlawfully deducted wages from the claimant and ordered payment of £374.34 net of tax, indicating the claimant was entitled to wages that had not been properly paid.

Wrongful Dismissalsucceeded

The tribunal found the dismissal was wrongful, awarding £6,006 gross for notice pay, indicating the claimant was dismissed without proper notice or payment in lieu of notice to which he was contractually entitled.

Breach of Contractsucceeded

The tribunal upheld the breach of contract claim relating to expenses, awarding £645.79, indicating the respondent had failed to reimburse expenses owed to the claimant under his contract of employment.

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair, awarding a basic award of £13,860 and compensatory award totalling £6,666 (including loss of earnings and ACAS uplift), indicating the respondent failed to follow a fair procedure or had no fair reason for dismissal.

Facts

Mr Charity was employed by Silver Hall Social Club Ltd and was dismissed. He brought claims for unfair dismissal, wrongful dismissal, unlawful deductions from wages, and breach of contract relating to unpaid expenses. The respondent failed to follow proper ACAS procedures in dismissing him and failed to pay him properly during and at the end of his employment.

Decision

The tribunal upheld all of Mr Charity's claims. The respondent was ordered to pay a total of £29,398.73 including basic and compensatory awards for unfair dismissal, notice pay for wrongful dismissal, unpaid wages, unpaid expenses, and additional amounts for breach of the ACAS Code and under section 38 of the Employment Act 2002.

Practical note

Employers who fail to follow ACAS procedures and fail to pay wages, notice pay and expenses properly will face substantial awards including basic and compensatory awards plus uplifts of 10% and section 38 awards.

Award breakdown

Basic award£13,860
Compensatory award£4,800
Notice pay£6,006
Unpaid wages£374

Adjustments

ACAS uplift+10%

Respondent unreasonably failed to follow the ACAS Code of Practice on disciplinary and grievance procedures

Legal authorities cited

Statutes

Employment Act 2002 s.38

Case details

Case number
3201496/2024
Decision date
6 June 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
Yes
Rep type
barrister