Claimant v Saroia Staffing Services Limited (in administration)
Outcome
Individual claims
Employment Judge Davies gave judgment under Rule 21 on 5 November 2024 finding the claim of unfair dismissal well founded. The respondent did not file a proper response and did not appear. The respondent failed to comply with the ACAS Code, including failing to invite the claimant to a meeting prior to dismissal, breaching Articles 8 to 13 of the Code.
Employment Judge Davies ordered £228.52 by way of unauthorised deduction of wages in the judgment of 5 November 2024, which has apparently been paid.
Facts
The claimant, a Nepalese national, was employed by the respondent from 30 November 2021 until her dismissal on 10 May 2024. She was earning £470.29 gross per week. The respondent, now in administration, failed to follow proper dismissal procedures, including not inviting the claimant to a meeting prior to dismissal. The claimant found new employment on 11 June 2024 at a lower salary and had to obtain a new skilled work visa costing £784.
Decision
The tribunal awarded total compensation of £4,983.35 for unfair dismissal. This included a basic award, compensatory award for immediate and future loss, the cost of a skilled work visa necessitated by the dismissal, loss of statutory rights, and a 25% ACAS uplift for the respondent's failure to follow the disciplinary code. The tribunal rejected a claim for dual accommodation costs as too remote.
Practical note
Tribunals may award the cost of a skilled work visa as part of compensatory award where dismissal necessitates obtaining a new visa, as an expense reasonably incurred in consequence of dismissal under ERA 1996 s.123(2)(a).
Award breakdown
Award equivalent: 10.6 weeks' gross pay
Adjustments
Respondent failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures (2015). The claimant was not invited to a meeting prior to her dismissal, a fundamental part of the disciplinary process. Breaches of Articles 8 to 13 of the Code were found.
Legal authorities cited
Statutes
Case details
- Case number
- 1805600/2024
- Decision date
- 7 January 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Salary band
- £20,000–£25,000
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister