Case 1403639/2021 · Employment Tribunal
in person The v Drain and 1 other — 2022
- Case reference
- 1403639/2021
- Decision date
- 6 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Goraj Representation
Parties
3 namedClaimant
in person The
Key findings
Tribunal's reasoningThe case was heard remotely at Exeter on 6 May 2022 before Employment Judge Goraj. The claimant appeared in person and the respondent did not attend and entered no response. The tribunal held that the claimant was unfairly dismissed by the respondent in breach of sections 100(1)(c) and 100(1)(e) of the Employment Rights Act 1996.
The tribunal also held that the claimant was wrongfully dismissed without notice. It awarded damages of one week's net pay, assessed at £331.57.
On the monetary claims, the tribunal found unlawful deductions from wages and holiday pay in the total sum of £1,884.75 under section 13 of the Employment Rights Act 1996. It said it was just and equitable to increase that award by 25% under section 207A(2) of the Trade Union and Labour Relations (Consolidation) Act 1992, adding £471.19.
The tribunal further awarded two weeks' gross pay of £869.90 under section 38 of the Employment Act 2002 because the respondent had failed to provide a statement of employment particulars required by section 1 of the Employment Rights Act 1996. The total award was £3,557.41.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held the claimant was unfairly dismissed in breach of sections 100(1)(c) and 100(1)(e) ERA 1996. | Upheld | — | — |
| Wrongful dismissal | Awarded damages of one week's net pay for dismissal without notice in breach of contract. | Upheld | — | £332 |
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages and holiday pay totalling £1,884.75 under section 13 ERA 1996 and increased that award by 25% (£471.19) under section 207A(2) TULR(C)A 1992. | Upheld | — | £2,356 |
| Other | Award under section 38 Employment Act 2002 for failure to provide a statement of employment particulars required by section 1 ERA 1996. | Upheld | — | £870 |
Remedy
Monetary award- Total award
- £3,557
- across all upheld claims
Legal tests applied
5 references- sections 100(1)(c) and 100(1)(e) ERA 1996
- section 13 ERA 1996
- section 207A(2) TULR(C)A 1992
- section 38 Employment Act 2002
- section 1 ERA 1996
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.
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