Claimant v Training for Security Limited
Outcome
Individual claims
The tribunal found the complaint of unfair dismissal to be well-founded. The respondent did not attend the hearing to provide evidence or defend the dismissal. The claimant was unfairly dismissed.
The tribunal found the complaint of unauthorised deductions from wages to be well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period February 2024 to April 2024, totalling £5,200.00 gross.
The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the periods December 2020 to February 2022 and April 2022 to April 2024. The respondent was also in breach of its duty to provide written statement of employment particulars.
Facts
Mr Cull brought claims against Training for Security Limited for unfair dismissal, unauthorised deductions from wages, and failure to provide written itemised pay statements and employment particulars. The respondent did not attend the hearing and did not send written representations. The hearing proceeded under Rule 22 with only the claimant present.
Decision
The tribunal found all of the claimant's claims well-founded. The respondent unfairly dismissed the claimant, made unauthorised deductions totalling £5,200 from February to April 2024, and failed to provide required pay statements and employment particulars. The tribunal awarded total compensation of £15,986.11, including a 25% ACAS uplift for the respondent's unreasonable failure to follow proper procedures.
Practical note
A respondent's complete failure to engage with tribunal proceedings, coupled with breaches of basic employment obligations including pay statements and ACAS procedures, will result in claims succeeding by default with significant uplift penalties applied.
Award breakdown
Adjustments
The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. The tribunal found it just and equitable to increase the compensatory award by 25%.
Legal authorities cited
Statutes
Case details
- Case number
- 2303439/2024
- Decision date
- 10 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
Claimant representation
- Represented
- No