Mr W Zhu First v Mr X Zheng Second Respondent: Dekon Company Limited Third Respondent: Dream in Reality Limited (company dissolved) — 2021

Sitting alone at Birmingham on 8 February 2021, Employment Judge Cookson found that Mr W Zhu was employed by the first respondent, Mr X Zheng, and had been unfairly dismissed contrary to s94 of the Employment Rights Act 1996. The tribunal also dismissed the claims against the second and third respondents.

The tribunal found that the first respondent breached the contract of employment by terminating it without notice. It held that the claimant was entitled to 7 weeks' notice of termination and awarded damages accordingly.

The tribunal further found unlawful deductions from wages. These were the non-payment of accrued but untaken holiday pay at the end of employment and the non-payment of sales commission. It awarded £2,202.48 gross for holiday pay and £1,179 net for sales commission.

On the written particulars issue, the tribunal held that the first respondent had failed to provide written particulars of employment and that compensation was due under s38(3) and (4) of the Employment Act 2002. It considered it just and equitable to award the higher amount of 4 weeks' pay, assessed at £2,100.

For unfair dismissal, the tribunal awarded a basic award of £4,462.50 and a compensatory award of £40,903.08. The total amounts payable by the first respondent were therefore £55,069.67, made up of the unfair dismissal awards, the breach of contract damages, the two unlawful deduction sums, and the s38 award.