Cases8001098/2024

Claimant v Noble Orr Limited t/a The Cutting Room

19 March 2025Before Employment Judge M SangsterScotlandin person

Outcome

Partly successful£3,166

Individual claims

Unlawful Deduction from Wagesfailed

The claimant's complaint under section 23 of the Employment Rights Act 1996 did not succeed and was dismissed by the tribunal.

Wrongful Dismissalsucceeded

The tribunal found the claimant was wrongfully dismissed. The respondent was ordered to pay damages of £914.91 net, representing the claimant's notice period entitlement which was not paid.

Unfair Dismissalsucceeded

The tribunal found the dismissal was unfair under the Employment Rights Act 1996. The respondent was ordered to pay a basic award and a compensatory award totalling £2,250.64.

Facts

Ms Ellinas brought claims against Noble Orr Limited trading as The Cutting Room for unlawful deduction of wages, wrongful dismissal, and unfair dismissal. The respondent did not attend or participate in the hearing. The tribunal heard evidence from the claimant in person.

Decision

The tribunal dismissed the unlawful deduction of wages claim but upheld both the wrongful dismissal and unfair dismissal claims. The tribunal awarded £914.91 for notice pay and £2,250.64 compensation for unfair dismissal, comprising a basic award and modest compensatory award.

Practical note

Where a respondent fails to engage with proceedings, a claimant appearing in person can still succeed on wrongful and unfair dismissal claims even where a wages claim fails, with awards reflecting appropriate notice and statutory entitlements.

Award breakdown

Basic award£2,001
Compensatory award£250
Notice pay£915

Legal authorities cited

Statutes

ERA 1996 s.23

Case details

Case number
8001098/2024
Decision date
19 March 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
No

Claimant representation

Represented
No