Case 1801670/2022 · Employment Tribunal
Mr T Henry First v KK Services Contractors Limited (In Creditors Voluntary Liquidation) Second Respondent: Mr Krzysztof Krzyszyzak — 2022
- Case reference
- 1801670/2022
- Decision date
- 5 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge JM Wade
Parties
2 namedClaimant
Mr T Henry First
Key findings
Tribunal's reasoningIn a Rule 21 judgment dated 5 September 2022, Employment Judge JM Wade upheld the complaint of unfair dismissal against the first respondent. The tribunal awarded a compensatory award of £2,780.10 and recorded a 10% uplift for failure to comply with the ACAS Code, giving a total sum payable of £3,058.11. The note at the end of the judgment states that the unfair dismissal complaint could not be upheld against the second respondent in the absence of a hearing with evidence and a judgment piercing the corporate veil.
The tribunal also found that the first respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £1,469.29, again increased by 10% for ACAS Code non-compliance to £1,616.21. The claimant's whistleblowing detriment complaints against the first and second respondents were well founded, and the second respondent was ordered to pay £3,500 as compensation for injury to feelings arising from that detriment. The claimant's holiday pay complaint was dismissed as not pursued, and the recoupment regulations were stated not to apply to the awards.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The complaint of unfair dismissal succeeded against the first respondent. The tribunal awarded a compensatory award of £2,780.10, increased by 10% for failure to comply with the ACAS Code, making £3,058.11 payable. The note recorded that the complaint could not be upheld against the second respondent without a hearing with evidence and a judgment piercing the corporate veil. | Upheld | — | £3,058 |
| Unlawful deduction from wages | The tribunal found that the first respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £1,469.29. That amount was increased by 10% for failure to comply with the ACAS Code, making £1,616.21 payable. | Upheld | — | £1,616 |
| Whistleblowing | The claimant's whistleblowing detriment complaints against the first and second respondents were found to be well founded. The second respondent was ordered to pay £3,500 as compensation for injury to feelings arising from the whistleblowing detriment. | Upheld | — | £3,500 |
| Working time regulations | The claimant's holiday pay complaint was dismissed as not pursued. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £8,174
- across all upheld claims
- Compensatory award
- £2,780
- compensatory remedy recorded
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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