Claimant v Kassak Foods Limited
Outcome
Individual claims
The Respondent dismissed the Claimant without notice when notice pay was due. The tribunal found breach of contract and awarded damages equivalent to one week's gross pay.
The Respondent failed to pay the Claimant for work undertaken in February 2024. The tribunal found this constituted unauthorised deductions from wages and ordered payment of the gross sum owed.
Under regulation 14 Working Time Regulations 1998, the Claimant was entitled to payment for accrued but untaken leave upon termination. The tribunal calculated the amount due and ordered payment.
The Respondent failed to provide a written statement of employment particulars as required by s.1 ERA 1996. The tribunal awarded an additional 2 weeks' pay under s.38 Employment Act 2002 for this failure.
Facts
Mr Thomas brought claims against Kassak Foods Limited for breach of contract, unlawful deduction of wages, holiday pay, and failure to provide written particulars. The Respondent did not enter a response or participate in proceedings despite correspondence being sent to their registered address. The tribunal proceeded in the Respondent's absence under rule 47.
Decision
The tribunal found in favour of the Claimant on all claims. The Respondent was ordered to pay £692 notice pay, £3,000 unpaid wages for February 2024, £1,291.72 holiday pay, and £1,384 (2 weeks' pay) for failure to provide employment particulars, totalling £6,367.72 gross.
Practical note
Employers who fail to engage with tribunal proceedings face default judgments and liability for all statutory and contractual obligations including notice pay, unpaid wages, accrued holiday pay, and penalties for failing to provide written employment particulars.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 2303646/2024
- Decision date
- 3 February 2025
- Hearing type
- default judgment
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
Claimant representation
- Represented
- No