Mr Jethro Faulkner v Ray Seager Scaffolding Services Limited (in creditors voluntary liquidation) — 2024

This was a Rule 21 judgment after the respondent did not attend. The tribunal found that Mr Jethro Faulkner had been unfairly dismissed by Ray Seager Scaffolding Services Limited (in creditors voluntary liquidation). It also found two further statutory claims well-founded: failure to provide written particulars of employment under s.1 ERA 1996 and failure to provide a written statement of reasons for dismissal under s.93 ERA 1996.

The tribunal also held that the respondent breached the claimant's contract of employment by failing to pay one week of wages before dismissal and by failing to pay statutory notice pay. It awarded £4,249.40 for wrongful dismissal/breach of contract, comprising £109.40 for one week of unpaid wages, limited to SSP, and £4,140.00 for nine weeks' statutory notice pay.

On unfair dismissal, the tribunal awarded a basic award of £4,140.00 and a compensatory award of £3,504.60. The compensatory award comprised £2,730.00 for seven weeks' lost earnings, £234.60 for loss of employer pension contributions, £500.00 for loss of statutory rights, and £40.00 for job-search expenses.

For the written particulars claim, the tribunal considered it just and equitable to award four weeks' pay, totalling £1,840.00. For the written statement of reasons claim, it awarded two weeks' pay, totalling £920.00. The judgment records a total award of £13,408.64 and, for recoupment purposes, a prescribed element of £2,964.60 covering 30 April 2023 to 21 June 2023.