Claimant v Outstone Limited in creditors voluntary liquidation

The claimant's complaint of ordinary unfair dismissal succeeded. The respondent did not attend to defend the claim and the tribunal found in favour of the claimant on the evidence presented.

The claimant's complaint of automatically unfair dismissal succeeded. The tribunal accepted that the dismissal fell into one of the statutory categories of automatically unfair dismissal, likely related to the employer's failure to meet statutory obligations.

The claimant succeeded in his breach of contract claim for notice pay. The tribunal awarded 7 weeks gross pay representing the statutory minimum notice period to which the claimant was entitled with 7 years service.

The tribunal found the respondent had made unauthorised deductions in two respects: firstly, systematic underpayment below national minimum wage from August 2021 to August 2023 totalling £4,733; secondly, complete failure to pay wages for the final two weeks plus 4 days, totalling £900.

The claimant succeeded in his holiday pay claim. The tribunal found 23 days of accrued but untaken holiday were owed at termination, valuing this at £70 per day for a total award of £1,610.

The claimant's complaint that the respondent failed to provide itemised pay statements succeeded. The tribunal found this was an employment where the employer failed to make HMRC payments and failed to notify the claimant of deductions, awarding 13 weeks' aggregate unnotified deductions.