Cases1400303/2024

Claimant v Mr Peter Watkins

17 February 2025Before Employment Judge HallidayBristolremote video

Outcome

Claimant succeeds£106,009

Individual claims

Unlawful Deduction from Wagessucceeded

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.

Breach of Contractsucceeded

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.

Redundancy Paysucceeded

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.

Unfair Dismissalsucceeded

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.

Othersucceeded

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

Compensatory award£2,434
Notice pay£26,832
Redundancy pay£55,509
Unpaid wages£16,436

Adjustments

Polkey reduction100%

100% chance that the claimants would have been fairly dismissed in any event

Legal authorities cited

Statutes

Employment Rights Act 1996 s.163Employment Act 2002 s.38

Case details

Case number
1400303/2024
Decision date
17 February 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
No

Claimant representation

Represented
No