Mr R Sek v Med Fish Distribution Ltd (in liquidation) — 2023

The Respondent did not submit an ET3 response and remained in creditors voluntary liquidation. The Claimant's claim had lacked particulars, so orders were made requiring further information, including the contract, payslips, dismissal documents and a statement of the sums claimed. After an unless order, the Claimant provided his contract of employment, P45 and three months' wage slips, together with an earlier email stating that he had not received four months' salary and holiday pay.

The unfair dismissal claim was dismissed because the Claimant did not have two years' service, as required by s 108 Employment Rights Act 1996. The tribunal also dismissed the holiday pay claim because the Claimant did not state what he was claiming in respect of holiday pay.

The unlawful deduction from wages claim succeeded under s 27 ERA 1996. Having considered the documents and the Claimant's evidence, the tribunal was satisfied that it was appropriate to enter judgment for four months' wages, described as the wages claimed in respect of the last four months of employment before notice of dismissal. The amount awarded was £3,414.16 gross, with a direction that the Respondent account to HMRC for any tax and National Insurance due; payment of the net sum to the Claimant would satisfy the judgment.