Cases→3200180/2024

Claimant v Complete English Kitchens Limited

10 January 2025Before Employment Judge D BalroopEast Londonremote video

Outcome

Claimant succeeds£60,180

Individual claims

Unfair Dismissalsucceeded

The tribunal found the complaint of unfair dismissal to be well-founded. The respondent did not attend the hearing to defend the claim. The claimant was unfairly dismissed.

Wrongful Dismissalsucceeded

The tribunal found the complaint of wrongful dismissal to be well-founded. The respondent failed to provide proper notice or payment in lieu. The claimant was wrongfully dismissed.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent liable for unlawful deduction of wages for the period of September 2023. The respondent failed to pay wages owed to the claimant for that period.

Holiday Paysucceeded

The complaint in respect of holiday pay was well-founded. The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended.

Facts

The claimant brought claims for unfair dismissal, wrongful dismissal, unlawful deduction of wages for September 2023, and unpaid holiday pay against his former employer, a kitchen company. The respondent did not attend the hearing to defend the claims. The tribunal heard evidence from the claimant, who was represented by counsel.

Decision

The tribunal found all claims well-founded in favour of the claimant. The respondent's failure to attend meant the claims were undefended. The tribunal awarded compensation including basic and compensatory awards for unfair dismissal, notice pay, unpaid wages, holiday pay, and applied a 25% ACAS uplift for the respondent's failure to follow the ACAS Code.

Practical note

Employers who fail to defend claims and breach ACAS procedures face substantial awards including the maximum 25% ACAS uplift on all compensatory elements.

Award breakdown

Basic award£1,400
Compensatory award£30,673
Notice pay£1,154
Holiday pay£2,322
Arrears of pay£5,000
Unpaid wages£5,000
Pension loss£1,981
Loss of statutory rights£500

Adjustments

ACAS uplift+25%

Respondent failed to follow ACAS Code resulting in 25% uplift applied to the award

Case details

Case number
3200180/2024
Decision date
10 January 2025
Hearing type
full merits
Hearing days
2
Classification
contested

Respondent

Name
Complete English Kitchens Limited
Sector
construction
Represented
No

Claimant representation

Represented
Yes
Rep type
barrister
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