Mr M Karamvand v Heartlands Fryers Limited (in liquidation) — 2025

The Tribunal issued a default judgment under Rule 22 of the Employment Tribunal Procedure Rules 2024 after the Respondent failed to present a Response within the relevant time limit. Neither party attended the hearing before Employment Judge Walker at Birmingham on 6 February 2025. The Tribunal found the claim for unfair dismissal well-founded and ordered a compensatory award of £12,492.56, calculated as estimated net weekly pay of £499.69 over 24 weeks plus £500 for loss of statutory employment rights. The Employment Protection (Recoupment of Benefits) Regulations 1996 were applied, with the prescribed element being £12,492.56 over the period 26 May 2021 to 6 February 2025.

The claim for wrongful dismissal also succeeded, but no additional compensation was awarded because the compensatory award already covered the notice period. The complaint of unauthorised deductions from wages was upheld in respect of unpaid holiday pay, with £3,360 awarded for the two-year period prior to the claim presented on 21 December 2020, in line with the Deduction from Wages (Limitation) Regulations 2014. The breach of contract complaint concerning a contractual redundancy payment was well-founded but attracted no further award because the redundancy payment had already been settled in full by the RPS.

The Tribunal additionally found that the Respondent had failed to provide itemised pay statements under section 8 of the Employment Rights Act 1996, and was in breach of its duty to provide a written statement of employment particulars when proceedings began. Finding no exceptional circumstances making an award unjust or inequitable, the Tribunal awarded four weeks' gross pay of £2,400 under section 38 of the Employment Act 2002. The total award of compensation was £18,252.56, of which £12,492.56 is subject to recoupment.