Cases→2501240/2024

Claimant v Lambton Holdings Limited

8 April 2025Before Employment Judge MossMiddlesbroughin person

Outcome

Claimant succeeds£21,092

Individual claims

Unfair Dismissalsucceeded

The claimant was dismissed without notice. The effective date of termination was modified under s97(2) ERA 1996 due to the respondent failing to give the required notice under s86 ERA. The claimant had the requisite qualifying service of 2 years. The respondent did not appear to defend the claim and the tribunal upheld the unfair dismissal complaint.

Unlawful Deduction from Wagessucceeded

The tribunal found the claimant was owed 163 hours of accrued but untaken holiday pay for the period 01 April 2023 to 31 December 2023. The respondent did not appear to contest this and the claim was upheld in the gross amount of £1698.46.

Breach of Contractsucceeded

The respondent failed to provide the claimant with the required notice pay. The tribunal awarded one week's gross pay of £395.96 which was not otherwise included in the unfair dismissal compensatory award.

Othersucceeded

The respondent failed to provide the claimant with a written statement of particulars of employment as required by law. The tribunal awarded 2 weeks' pay totalling £791.92 as a penalty for this failure.

Direct Discrimination(marriage civil partnership)withdrawn

The claim for marriage discrimination was withdrawn by the claimant and dismissed on withdrawal.

Facts

The claimant was dismissed from her employment with Lambton Holdings Limited without notice on or around 29 March 2024. She had approximately 2 years of service. The respondent failed to provide notice as required under s86 ERA 1996. The claimant had accrued but untaken holiday pay of 163 hours for the period April to December 2023. The respondent also failed to provide written particulars of employment. The respondent did not attend the hearing to defend the claims.

Decision

The tribunal upheld all of the claimant's claims including unfair dismissal, unlawful deduction of holiday pay, notice pay, and awarded a penalty for failure to provide written particulars. A 10% ACAS uplift was applied to the compensatory award. The total award was £21,091.97 plus additional sums. The marriage discrimination claim was withdrawn and dismissed.

Practical note

When a respondent fails to appear at a hearing, a tribunal will still carefully assess the claimant's evidence and apply the law including extending the effective date of termination where notice was not given, and applying ACAS uplifts for procedural failures.

Award breakdown

Basic award£1,188
Compensatory award£17,822
Notice pay£396
Holiday pay£1,698
Pension loss£618
Loss of statutory rights£300

Award equivalent: 53.3 weeks' gross pay

Adjustments

ACAS uplift+10%

10% ACAS uplift applied to compensatory award for failure to follow ACAS Code procedures

Legal authorities cited

Statutes

ERA 1996 s.97(2)ERA 1996 s.86

Case details

Case number
2501240/2024
Decision date
8 April 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
Lambton Holdings Limited
Sector
other
Represented
No

Employment details

Salary band
£20,000–£25,000
Service
2 years

Claimant representation

Represented
No
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