Case 1802952/2022 · Employment Tribunal
In person v Respondent — 2022
- Case reference
- 1802952/2022
- Decision date
- 5 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Representation
- Venue
- Leeds
Parties
1 namedClaimant
In person
Respondent
- —
Key findings
Tribunal's reasoningThe Tribunal dismissed the claims against the Second, Third and Fourth Respondents because the Claimant provided no evidence that he was employed by anyone other than the First Respondent. No Respondent had entered a response, and only the Claimant attended the hearing.
The Tribunal found that the First Respondent dismissed the Claimant on 8 April 2022 because he had complained that he had not been paid correctly, and held that the dismissal was unfair under Section 104 of the Employment Rights Act 1996. It awarded a basic award of £598.50 and a compensatory award of £1,560, making £2,158.50 for unfair dismissal.
The Tribunal accepted the Claimant's evidence that he had been subjected to detriments because he refused to forego holiday rights, including three unpaid suspensions without notice or reasons, and awarded £18,000. It also found unauthorised deductions from wages of £23,556.80, breach of contract for unreimbursed uniform and travel expenses of £638.04, and awarded £1,596 for failure to provide a written statement of employment terms. All other claims were dismissed on withdrawal.
Claims and outcomes
6 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal found the dismissal unfair under Section 104 of the Employment Rights Act 1996 because the reason for dismissal was the Claimant's complaints that he had not been paid correctly. | Upheld | — | £2,159 |
| Working time regulations | The Tribunal found detriments under Section 45A of the Employment Rights Act 1996 on the ground that the Claimant refused to forego the right to holidays. | Upheld | — | £18,000 |
| Unlawful deduction from wages | The Tribunal found unauthorised deductions from wages based on guaranteed 42 hours' work per week at national minimum wage rates, less wages received. | Upheld | — | £23,557 |
| Breach of contract | The Tribunal found breach of express and implied contractual rights to reimbursement for uniform and travel expenses. | Upheld | — | £638 |
| Other | Additional compensation was awarded for failure to provide a written statement of main terms and conditions of employment under Section 38(3) of the Employment Act 2002. | Upheld | — | £1,596 |
Remedy
Monetary award- Total award
- £45,949
- across all upheld claims
- Basic award
- £599
- statutory, unfair dismissal
- Compensatory award
- £1,560
- compensatory remedy recorded
Legal tests applied
4 references- Section 104 of the Employment Rights Act 1996
- Section 45A of the Employment Rights Act 1996
- Vento v Chief Constable of West Yorkshire Police (No. 2) [2002] EWCA Civ 1871
- Section 38(3) of the Employment Act 2002
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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