Mr B Jheinga v Davymarkham Limited (in administration) — 2019

Employment Judge Brain, sitting alone at Leeds on 12 July 2019, determined the claims brought by Mr B Jheinga against Davymarkham Ltd (in administration). The respondent did not attend or take part in the hearing.

The tribunal dismissed the claimant's protective award complaint under the Trade Union and Labour Relations (Consolidation) Act 1992. It held that, because an independent trade union was recognised by the employer, section 188(1B) meant the complaint could not be brought individually by the claimant. The note records that he fell within the description of employees covered by the separate judgment in case 1805671/2018 (Unite the Union v Davymarkham Ltd (in administration)).

The tribunal upheld the unlawful deduction from wages complaint and found £5,916 gross due, subject to credit for £1,956 received from the National Insurance Fund, leaving £3,960 gross payable. It also upheld the claim for accrued annual leave untaken at termination and recorded £2,400 gross due, subject to credit for £1,119.10 received from the National Insurance Fund, with the judgment stating a balance of £1,281.90 gross.

The breach of contract complaint succeeded because the respondent had not paid expenses incurred by the claimant in the course of his employment, and £1,597.31 was ordered to be paid. The judgment directed that the payments under paragraphs 2 to 4 were to be paid on or before 26 July 2019.