Cases→4105212/2023

Claimant v DARU LTD

22 February 2024Before Employment Judge L DohertyScotlandremote video

Outcome

Claimant succeeds£12,385

Individual claims

Automatic Unfair Dismissalsucceeded

The tribunal found the claimant was automatically unfairly dismissed under Section 104(1)(b) of the Employment Rights Act 1996, which protects employees dismissed for asserting statutory rights. The respondent did not attend to defend the claim and the tribunal accepted the claimant's evidence.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent failed to provide itemised pay statements as required by Section 8 ERA and awarded damages under Section 12(4). This indicates unlawful deductions or failure to pay wages properly documented.

Holiday Paysucceeded

The tribunal found the claimant had accrued but untaken annual leave under Regulation 13 of the Working Time Regulations 1998 at the date of termination. The respondent was ordered to pay compensation under Regulation 16.

Facts

Anna Kokaine brought claims against her former employer DARU Ltd for automatic unfair dismissal, failure to provide employment particulars and pay statements, and unpaid holiday pay. The respondent failed to attend the hearing. The claimant represented herself and gave evidence to the tribunal.

Decision

The tribunal found in favour of the claimant on all claims. She was automatically unfairly dismissed under s.104(1)(b) ERA for asserting statutory rights and awarded £10,449.80 compensation. The respondent also failed statutory duties regarding written particulars and pay statements, resulting in additional awards totalling £1,522.64, plus £413 for unpaid holiday pay.

Practical note

Employers who dismiss employees for asserting statutory rights face automatic unfair dismissal claims, and failure to attend tribunal hearings typically results in judgment being entered against them based on the claimant's uncontested evidence.

Award breakdown

Compensatory award£10,450
Holiday pay£413
Unpaid wages£761

Legal authorities cited

Statutes

Working Time Regulations 1998 reg.13ERA 1996 s.104(1)(b)Working Time Regulations 1998 reg.16Employment Act 2002 s.38(4)(b)ERA 1996 s.8ERA 1996 s.12(4)

Case details

Case number
4105212/2023
Decision date
22 February 2024
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Name
DARU LTD
Sector
—
Represented
No

Employment details

Claimant representation

Represented
No
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