Cases3201778/2023

Claimant v Print Outlet Limited

7 February 2024Before Employment Judge Gordon WalkerEast Londonremote video

Outcome

Default judgment£6,073

Individual claims

Unfair Dismissalsucceeded

This was a default judgment where the respondent failed to attend the hearing. The tribunal accepted the claimant's case and awarded compensation for unfair dismissal including basic and compensatory awards.

Breach of Contractsucceeded

The tribunal found the respondent failed to provide a statement of terms and conditions of employment as required by section 1 of the Employment Rights Act 1996, and awarded two weeks' gross pay under section 38 Employment Act 2002.

Facts

Mr Halil brought claims against Print Outlet Limited for unfair dismissal and failure to provide written terms and conditions of employment. The respondent failed to attend the hearing. The claimant was earning £643 gross per week. The tribunal proceeded to hear the case in the respondent's absence.

Decision

The tribunal found in favour of the claimant on all claims as the respondent did not attend or defend the case. The tribunal awarded £4,786.68 for unfair dismissal (including basic award, compensatory award with 15% ACAS uplift) and £1,286 for failure to provide written terms. Total award: £6,072.68.

Practical note

Default judgments are entered when respondents fail to participate, and tribunals will apply ACAS uplifts even in default cases where there is evidence of procedural failures.

Award breakdown

Basic award£2,894
Compensatory award£1,646
Pension loss£76
Loss of statutory rights£500

Adjustments

ACAS uplift+15%

15% uplift applied to compensatory award for failure to follow ACAS code of practice on disciplinary and grievance procedures

Legal authorities cited

Statutes

ERA 1996 s.118(1)(a)ERA 1996 s.118(1)(b)Employment Act 2002 s.38TULRCA 1992 s.207A(2)

Case details

Case number
3201778/2023
Decision date
7 February 2024
Hearing type
default judgment
Hearing days
1
Classification
default

Respondent

Sector
media
Represented
No

Employment details

Claimant representation

Represented
Yes
Rep type
barrister