Claimant v MBS Stoneworks Limited
Outcome
Individual claims
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 1 May 2023 to 22 May 2023. The claimant was entitled to £1359.00 gross which had been wrongfully deducted.
The tribunal found the claimant was wrongfully dismissed and entitled to notice pay. The respondent failed to provide proper notice and the claimant was awarded his statutory entitlement to notice pay calculated at £5436.00 gross.
Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment. The claimant satisfied the statutory requirements for redundancy pay and was awarded £12,457.50.
Withdrawn by claimant.
Facts
Mr Gjini was employed by MBS Stoneworks Limited and Stone Cut Ltd until 22 May 2023. The respondent made unauthorised deductions from his wages totaling £1359.00 during the period 1-22 May 2023. He was dismissed without proper notice and was entitled to redundancy pay. The respondents failed to attend the hearing.
Decision
The tribunal found all financial claims succeeded. The claimant was awarded £1359.00 for unlawful deductions, £5436.00 for notice pay, and £12,457.50 for statutory redundancy payment, totaling £19,252.50. Both respondents are jointly and severally liable. The unfair dismissal claim was withdrawn.
Practical note
Where respondents fail to attend a hearing, claimants can succeed on well-founded claims for unpaid wages, notice pay and redundancy, with joint and several liability applying to multiple respondent companies.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3307801/2023
- Decision date
- 1 April 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- Yes
- Rep type
- lay rep