Both in person For the v Poisedale Ltd (in liquidation) — 2019

At Southampton on 29 November 2019, Employment Judge Emerton sitting alone determined the claims of Mr K Boczanowski and Mr T Perpeliev against Poisedale Ltd (in liquidation). The tribunal noted some ambiguity in its records about whether two listed claims were duplicates, but stated that each claimant effectively had one claim that needed to be determined.

The tribunal found that both claimants' claims of unauthorised deduction of wages were well founded. It held that they were contractually entitled to wages during the period when the respondent purported to lay them off without wages.

Mr Boczanowski's claim for holiday pay outstanding at termination was also well founded. Both claimants' breach of contract claims for unpaid notice pay were well founded. As to Mr Boczanowski, the tribunal recorded that he had already received a payment from the Insolvency Service representing unpaid notice pay, so it made no further order on that aspect.

In remedy, the respondent was ordered to pay Mr Boczanowski £1,680.00 gross for unauthorised deduction of wages and £310.15 gross for holiday pay. Mr Perpeliev was ordered to receive £2,500.00 gross for unauthorised deduction of wages and £1,120.00 for breach of contract in respect of notice pay. The tribunal noted that the latter sum would normally be calculated net, but a net figure could not be calculated at the hearing and the award was based on the gross contractual notice pay.