Outcome
Individual claims
The tribunal found the complaint of unfair dismissal pursuant to sections 94 and 98 of the Employment Rights Act 1996 was well founded. The respondent did not participate in the hearing to defend the claim and the tribunal was satisfied on the evidence presented that the dismissal was unfair.
The tribunal found the complaint of breach of contract (wrongful dismissal) was well founded and succeeded. The respondent's failure to participate meant the claimant's evidence on breach of contract was accepted.
The tribunal found the respondent failed to provide written particulars of employment pursuant to section one of the Employment Rights Act 1996. This constituted a breach of statutory duty and the claim succeeded, warranting an award of two weeks' pay.
The tribunal found the complaint of unpaid and untaken annual leave was not well-founded and dismissed this claim. The tribunal was not satisfied on the evidence that any holiday pay was properly due.
Facts
Mr Babak Shirazi brought claims against his former employer Abal Establishment for unfair dismissal, wrongful dismissal, failure to provide written particulars, and unpaid annual leave. The respondent did not participate in the hearing held remotely by CVP. The tribunal had to first determine whether the claim fell within its territorial jurisdiction and whether Mr Shirazi was an employee, both of which were found in his favour.
Decision
The tribunal upheld the claims for unfair dismissal, wrongful dismissal, and failure to provide written particulars, awarding a total of £115,644.80 including a basic award of £21,000, compensatory award of £84,152, grossing up of £9,092.80 for tax, and £1,400 for failure to provide written particulars. The claim for unpaid annual leave was dismissed.
Practical note
Non-participation by a respondent can lead to significant awards where the claimant presents credible evidence, and tribunals will apply grossing up to compensatory awards to ensure claimants receive the intended net compensation after tax.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6019273/2024
- Decision date
- 12 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Employment details
Claimant representation
- Represented
- Yes
- Rep type
- barrister