(1) Mr D Helm (2) Ms E Gavin v Liongate Securities LLP — 2021

The claims of Mr Helm and Ms Gavin were consolidated and heard remotely on 25 May 2021 before Employment Judge Gordon Walker. The respondent did not attend. The tribunal amended the respondent's name in case 2207742/2020 to Liongate Securities LLP.

The unfair dismissal claims were dismissed because the tribunal had no jurisdiction to hear them. It found that each claimant had been employed for less than two years ending with the effective date of termination, so the service requirement in section 108 Employment Rights Act 1996 was not met.

The claims for unauthorised deductions from wages under section 13 ERA 1996 were upheld. The tribunal also found that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Grievances at Work, so it applied a 25% uplift under section 207A TULR(C)A. The gross sums ordered were £25,563.45 for Mr Helm and £24,885.90 for Ms Gavin.

The holiday pay claims under regulation 14 Working Time Regulations 1998 were also well founded. The tribunal again applied a 25% uplift under section 207A TULR(C)A, ordering £8,293.28 for each claimant. It further held that the respondent was in breach of contract by dismissing the claimants without notice. Unpaid notice was assessed at £12,500 each, uplifted to £15,625 each, and then capped under article 10 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994, resulting in awards of £25,000 each.