Mr P Steele v Whitelock Developments Ltd — 2024

The Respondent failed to present a response to the claim, and the tribunal determined the case under Rule 21 of the Employment Tribunal Rules of Procedure on the information available. Employment Judge Davies found the Claimant's complaints of unfair dismissal and wrongful dismissal, together with his claim for pay in lieu of accrued but untaken holiday, to be well-founded and to succeed.

The tribunal ordered the Respondent to pay notice pay of £6,000 (grossed up as post-employment notice pay, calculated as 8 x £750), a basic award of £7,716 (based on the capped weekly pay of £643, 8 complete years' service, and age 60 at dismissal), and a compensatory award of £2,892 (4 additional weeks' loss at the net weekly equivalent of £598, plus £500 for loss of statutory rights). A 25% ACAS uplift of £4,152 was applied on the basis of what the tribunal described as a sham disciplinary process conducted knowing the Claimant was on leave, and a failure to deal with his appeal.

The total sum payable was £20,760, with the Claimant responsible for any tax due. The tribunal noted that the Claimant had not included any sum for accrued but untaken holiday in his calculation, so no figure was awarded under that head.