Mr A Ross v Stylex Auto Product Limited — 2021

Mr Ross brought a breach of contract claim against Stylex Auto Product Limited in respect of notice pay and benefits. The tribunal found that the claim succeeded and calculated the gross contractual loss at £112,902.55, made up of 12 months’ pay plus company car, fuel, medical insurance and mobile phone benefits, less £7,273.85 already claimed from the Insolvency Service. Because the tribunal’s jurisdiction for breach of contract was capped, it awarded £25,000 rather than the full calculated amount.

Mr Ross also succeeded in his claim for unauthorised deduction from wages. The tribunal awarded £3,866.62 gross for the underpayment of thirteen days’ accrued holiday pay and £3,039.32 gross for the underpayment of ten days’ salary. The judgment records the underlying gross figures used for those calculations as £5,250.05 for holiday pay and £4,038.46 for wages, less amounts already claimed from the Insolvency Service.

The decision was issued on the papers by Employment Judge Deeley sitting alone at Leeds on 18 June 2021. The tribunal noted that it had considered the claimant’s email submissions together with documentary and oral evidence from the other claimants in the related multiple claim of Mr Sweeney & Others against the respondent. The judgment also notes that a separate judgment had been issued in relation to the s188 Trade Union and Labour Relations (Consolidation) Act 1992 complaint, but that was not part of this decision.