Claimant v Mr Peter Watkins
Outcome
Individual claims
The tribunal found the respondents made unauthorised deductions from the claimants' wages in November and December 2023. The claims were well-founded and the respondents did not attend to defend.
The complaints of breach of contract in relation to notice pay were well-founded. The respondents failed to provide the contractual notice periods ranging from 8 to 12 weeks depending on the claimant.
Under section 163 Employment Rights Act 1996, the tribunal determined that each claimant was entitled to statutory redundancy payments. Awards varied based on length of service and age.
The complaints of unfair dismissal were well-founded. However, the tribunal found a 100% Polkey reduction as the claimants would have been fairly dismissed in any event. Compensation awarded only for failure to consult.
The respondents breached their duty to provide written statements of employment particulars. The tribunal found no exceptional circumstances to avoid an award and made awards of two weeks' gross pay to each claimant under section 38 Employment Act 2002.
Facts
Four claimants were employed by a partnership trading as Camwal Engineering. They were made redundant in late 2023 without proper notice, consultation, or payment of wages owed for November and December 2023. The respondents failed to provide written statements of employment particulars and did not attend the hearing to defend the claims.
Decision
The tribunal found all claims well-founded. The claimants were awarded unpaid wages, notice pay, statutory redundancy payments, and compensation for lack of written particulars. While unfair dismissal was found, compensatory awards were minimal due to a 100% Polkey reduction, with only one week's pay awarded for failure to consult.
Practical note
Even where dismissal is inevitable (100% Polkey), tribunals may award nominal compensation for procedural failures such as lack of consultation in redundancy situations.
Award breakdown
Adjustments
100% chance that the claimants would have been fairly dismissed in any event
Legal authorities cited
Statutes
Case details
- Case number
- 1400303/2024
- Decision date
- 17 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Mr Peter Watkins
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No