Ms J Hanson v Kalchal Limited AT A HEARING — 2023

The tribunal first held that the claims could proceed despite being out of time because it was not in all the circumstances reasonably practicable for them to be presented in time and they were presented within a reasonable time thereafter. The decision was made on the claimant's evidence at a Rule 21 hearing.

On liability, the tribunal found that the respondent had made an unauthorised deduction from wages in respect of the last week worked up to 30 April 2022 and ordered payment of the agreed gross sum of £78.40. It also found that the respondent had failed to pay accrued but untaken holiday in the current leave year up to termination, limited to two weeks' gross pay, and ordered £156.80.

The tribunal recorded an admitted failure to provide a written statement of terms and conditions of employment and made an additional award under section 38 of the Employment Act 2002 in the sum of £313.60. It also found that Ms Hanson was unfairly dismissed on 4 May 2022.

For the unfair dismissal claim, the tribunal made a basic award of £352.80, calculated by reference to three years' continuous employment up to 18 May 2022, when the two weeks' notice period would have expired, with all of that period being after the claimant had turned 41. It further awarded £200.00 for loss of statutory employment rights. Any further claim for compensation for loss of earnings or other sums flowing from the unfair dismissal was adjourned pending the claimant's confirmation by 13 February 2023.