Case 2215122/2023 · Employment Tribunal
Mr Vitalii Fartushynskyi v MMS Contracts Limited (in creditors’ voluntary liquidation) and 2 others — 2024
- Case reference
- 2215122/2023
- Decision date
- 5 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkin Appearances
- Venue
- in public
Parties
4 namedClaimant
Mr Vitalii Fartushynskyi
Key findings
Tribunal's reasoningThe tribunal sat in public by CVP before Employment Judge Adkin. The First Respondent did not attend and was not represented. The tribunal found that Mr Vitalii Fartushynskyi was an employee of MMS Contracts Limited within the meaning of section 230(1) of the Employment Rights Act 1996 until his employment terminated on 14 August 2023.
The tribunal held that the following complaints against the First Respondent were well founded: wrongful dismissal, holiday pay accrued but untaken at termination under the Working Time Regulations 1998, unauthorised deductions from wages under section 13 of the Employment Rights Act 1996, and failure to provide a statement of initial particulars of employment under section 1 of the Employment Rights Act 1996. The wrongful dismissal award was one week's notice pay of £826.66. The holiday pay award was £3,909.96, the unlawful deductions award was £2,676.75, and the section 1 award was £2,572.00, described as 4 weeks' pay.
The tribunal ordered the First Respondent to pay a total of £9,985.37. All claims against the Second Respondent and Third Respondent were dismissed upon withdrawal.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | One week's notice pay. | Upheld | — | £827 |
| Holiday pay | Holiday pay accrued but untaken at termination under the Working Time Regulations 1998. | Upheld | — | £3,910 |
| Unlawful deduction from wages | Unauthorised deductions from wages under section 13 of the Employment Rights Act 1996. | Upheld | — | £2,677 |
| Other | Failure to provide a statement of initial particulars of employment under section 1 of the Employment Rights Act 1996; award assessed as 4 weeks' pay. | Upheld | — | £2,572 |
| Other | All claims against the Second Respondent and Third Respondent were dismissed upon withdrawal. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £9,985
- across all upheld claims
Legal tests applied
4 references- section 230(1) of the Employment Rights Act 1996
- section 13 of the Employment Rights Act 1996
- Working Time Regulations 1998
- section 1 of the Employment Rights Act 1996
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.
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