Ms G.V. Roberts v Mr Michael Sasmaz t/a Aran Fish & Chips Shop (“R1”) Sangur Ltd (“R2”) — 2020

The tribunal found that Ms Roberts was employed by R1 from June 2017, with continuous employment treated as starting on 19 September 2016 following a TUPE transfer from Coedmor Foods Ltd. It also recorded that R2 had been dissolved and was not the claimant's employer in any event, so R2 was dismissed from the proceedings. The claimant was summarily dismissed by R1 on 28 March 2018.

The tribunal held that the dismissal was unfair because it was in response to the claimant asserting statutory rights to receive a written statement of employment particulars, itemised pay statements, and to not suffer unauthorised deductions from wages. It therefore found that she was protected against unfair dismissal notwithstanding that she had less than two years' service. The unfair dismissal award comprised a basic award of £540 and a compensatory award based on losses to date of £3,462, plus a 25% ACAS uplift of £865.50, giving £4,327.50; recoupment did not apply.

The tribunal also found wrongful dismissal because R1 dismissed the claimant without notice, and awarded £360, being one week's wages. It further found unauthorised deductions from wages in the sum of £3,833.64 and ordered that sum to be paid subject to tax and NIC.

On the remaining statutory claims, the tribunal found that R1 failed to provide a written statement of employment particulars despite repeated requests and awarded £1,440, being four weeks' wages. It also found that R1 failed to provide itemised pay statements despite repeated requests, but made no further award on that claim because of the award already made in relation to the unauthorised deductions. The tribunal recorded a total payable by R1 of £9,961.14, subject to deductions for tax and NIC as appropriate.