Mr R Korzeniewski v Liberty Trading GB Limited — 2023

The tribunal, sitting at Sheffield before Employment Judge Brain on 24 April 2023, recorded that the respondent did not attend or enter an appearance. It found that the claimant had been dismissed by reason of redundancy and made a redundancy payment award of £1,713 under Part XI of the Employment Rights Act 1996.

The tribunal also dealt with claims for unauthorised deduction from wages under Part II of the Employment Rights Act 1996. It held that the claims had been presented outside the section 23 time limit, but that it was not reasonably practicable for the claimant to present them in time and that they were presented within a reasonable time, so time was extended to 16 December 2022. On the merits, it found two unpaid wage items: £900 for wages earned between 1 and 10 June 2022 inclusive, and £1,184.86 for wages due for the notice period between 11 June and 24 June 2022.

The tribunal further considered a claim for compensation for unpaid holiday pay under the Working Time Regulations 1998. It applied the same timing approach, extending time because it was not reasonably practicable to present the claim earlier and because it was presented within a reasonable time. It then awarded £1,743.75 for holidays accrued but untaken at the date of termination. The tribunal ordered payment of the awards in paragraphs 1, 2 and 3 in the cumulative sum of £5,541.61 by 9 May 2023.