Ms J Shrestha v Saroia Staffing Services Limited (in administration) HELD: at Leeds by CVP — 2025

Employment Judge Davies had previously found, under Rule 21, that the claimant's unfair dismissal claim was well founded and had ordered £228.52 in respect of an unauthorised deduction of wages, which the judgment records as apparently paid. The present hearing before Employment Judge Shulman, sitting at Leeds by CVP on 18 December 2024, dealt only with remedy for unfair dismissal. The respondent, in administration, did not appear or file a proper Response, but the administrator consented to the claim being pursued. The claimant elected for compensation rather than reinstatement or re-engagement.

The tribunal calculated a basic award of £940.58 based on two years of service at a gross weekly pay of £470.29. The compensatory award comprised immediate loss of £1,734.66 (covering 11 May 2024 to 11 June 2024 when the claimant found alternative work), future loss of £184.24 (representing the weekly shortfall between her former and new net pay), and £500 for loss of statutory employment rights. The tribunal also awarded £784 for the cost of a skilled work visa, finding under s.123(2)(a) ERA 1996 that this was an expense reasonably incurred in consequence of the dismissal because the claimant, a Nepalese national, had no choice but to apply for a new visa for her new job. A separate claim of £500 per month for 12 months relating to maintaining accommodation in Doncaster while working in Halifax was refused as too remote.

The tribunal found that the respondent had failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures (2015), in particular by not inviting the claimant to a meeting prior to dismissal, and ordered an uplift of 25% under s.207A(2) TULRA on all compensation save the visa cost. The uplift on the £3,359.48 subtotal amounted to £839.87, producing a grand total of £4,983.35 payable by the respondent to the claimant.