Case 1303254/2022 · Employment Tribunal
Mr J Akhtar v ESG Security Ltd — 2022
- Case reference
- 1303254/2022
- Decision date
- 26 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Kenward
Parties
2 namedClaimant
Mr J Akhtar
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr Akhtar's resignation amounted to a constructive dismissal, so his unfair dismissal complaint succeeded. It also upheld the wrongful dismissal complaint on the basis that the resignation amounted to constructive dismissal without notice, ordering notice pay for 10 weeks from 7 June 2022 to 15 August 2022 inclusive, less any deductible benefits or earnings from alternative employment, with the amount to be assessed separately.
For unfair dismissal, the tribunal awarded a basic award of £4,560.00. It said the compensatory award was limited to the non-prescribed element only in respect of employer pension contributions for the period 7 June 2022 to 11 July 2022 inclusive, again with the amount to be assessed by the tribunal. For recoupment purposes, the prescribed element was nil.
The unlawful deductions from wages complaint succeeded to the extent that the claimant was owed £66.50 gross in arrears, and the respondent was ordered to pay that amount. The holiday pay complaint was dismissed, the complaint for any other payments besides those identified above was dismissed, and the claimant's costs application was dismissed.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint succeeded on the basis that the resignation amounted to a constructive dismissal. The tribunal awarded a basic award of £4,560.00 and said the compensatory award was limited to the non-prescribed element only in respect of employer pension contributions for 7 June 2022 to 11 July 2022 inclusive, with quantum to be assessed separately. | Upheld | — | £4,560 |
| Wrongful dismissal | The complaint succeeded on the basis that the resignation amounted to a constructive dismissal without notice and/or notice pay. The tribunal ordered 10 weeks' notice pay from 7 June 2022 to 15 August 2022 inclusive, less deductible benefits or earnings from alternative employment, with the amount to be assessed separately. | Upheld | — | — |
| Unlawful deduction from wages | The complaint succeeded to the extent of pay arrears of £66.50 gross, and the respondent was ordered to pay that sum. | Upheld | — | £67 |
| Holiday pay | The holiday pay complaint was found not well-founded and was dismissed. | Dismissed | — | — |
| Other | The complaint for any entitlement to other payments besides those detailed above was found not well-founded and was dismissed. The judgment does not identify a separate legal label for this head. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £4,627
- across all upheld claims
- Basic award
- £4,560
- statutory, unfair dismissal
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.