Mr A Small v Downend Taxsavers Ltd — 2019

The claimant, Mr A Small, attended in person. The respondent, Downend Taxsavers Ltd, did not attend and was not represented. The tribunal recorded that the claimant's claims of unfair dismissal and unlawful deductions from wages succeeded because there was no evidence from the respondent to refute them.

For unfair dismissal, the tribunal awarded a basic award of £2,076.93 and a compensatory award. The compensatory award included £0.00 for the period 16/8/18 to 16/12/18 because the claimant was not fit for work during that period, £9,636.00 for six months at £1,606, £240.00 for pension, and £500.00 for loss of statutory rights.

For unlawful deductions from wages, the tribunal awarded sums for unpaid wages, accrued holiday pay, and pension deductions not paid to the provider. The listed items totalled £339.44, made up of the individual wage, holiday and pension figures set out in the judgment. The tribunal stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied to the compensatory award for loss of earnings during the prescribed period, which was recorded as £9,636 from 16/12/18 to 15/6/19, leaving an excess over the prescribed element of £3,156.37.