Case 2206125/2020 · Employment Tribunal
Mr Thomas Borzecki v Let’s Construction Limited ANNEX TO THE — 2021
- Case reference
- 2206125/2020
- Decision date
- 21 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Nicolle
Parties
2 namedClaimant
Mr Thomas Borzecki
Respondent
Key findings
Tribunal's reasoningThe respondent did not file an ET3 Grounds of Resistance. Employment Judge Nicolle therefore determined the claim on the ET1 without a hearing under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. On that basis, the tribunal found that the respondent had unlawfully failed to pay gross wages of £1,712.96, had left accrued holiday entitlement unpaid in the gross sum of £608, and had failed to pay 2 weeks' notice pay in the net sum of £760.
The tribunal also found that the claimant had been unfairly dismissed. It awarded a basic award of £1,350 and a compensatory award of £6,847.50. The compensatory award was said to reflect 13 weeks from dismissal on 18 May 2020 until the claimant mitigated loss from 17 August 2020, and it included a 25% uplift under s.207(2)(c) of the Trade Union and Labour Relations (Consolidation) Act 1992.
The tribunal ordered payment of unpaid wages, holiday pay, notice pay and unfair dismissal compensation in the sum of £9,928.46. The recoupment section recorded a prescribed element of £4,565 for the period 1 June 2020 to 31 July 2020, and an amount by which the monetary award exceeded the prescribed element of £5,363.46.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found the respondent had unlawfully failed to pay gross wages of £1,712.96. | Upheld | — | £1,713 |
| Holiday pay | The tribunal found accrued holiday entitlement remained unpaid in the gross sum of £608. | Upheld | — | £608 |
| Breach of contract | The judgment awarded £760 for 2 weeks' notice pay, described as the claimant's statutory entitlement; the judgment did not use the phrase wrongful dismissal for this head. | Upheld | — | £760 |
| Unfair dismissal | The tribunal recorded a basic award of £1,350 and a compensatory award of £6,847.50, including a 25% uplift under s.207(2)(c) TULR(C)A 1992. The recoupment section gives a total monetary award of £9,928.46, which appears to reflect the compensatory element and the wage/holiday/notice sums rather than the basic award. | Upheld | — | £8,198 |
Remedy
Monetary award- Total award
- £9,928
- across all upheld claims
- Basic award
- £1,350
- statutory, unfair dismissal
- Compensatory award
- £6,848
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.