Case 2300029/2020 · Employment Tribunal
Mr S Khounsombath v B Prasadn& Brothers Food Limited — 2020
- Case reference
- 2300029/2020
- Decision date
- 8 April 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Martin Date
Parties
2 namedClaimant
Mr S Khounsombath
Respondent
Key findings
Tribunal's reasoningThis was a Rule 21 judgment because the respondent did not present a response on the prescribed form within the stipulated time. The tribunal proceeded on the uncontested material and entered judgment for the claimant on the claims it upheld. The hearing listed for 31 July 2020 was cancelled.
The tribunal found that the claimant had been dismissed in breach of contract in respect of notice and awarded £550 damages. It also found that the respondent had made unauthorised deductions from pay and awarded £550, and that holiday pay accrued at termination remained unpaid, awarding £641.66 for 7 days' accrued holiday. A further award of four weeks' pay was made because the respondent failed to provide a written statement of terms and conditions of employment; the OCR text reads £2,84.92, which is treated as £284.92.
The claimant's automatically unfair dismissal claim and the breach of contract claim concerning auto-enrolment in a workplace pension scheme were dismissed on the claimant withdrawing those claims. No ACAS uplift was applied because it was not appropriate for the type of judgment given.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The tribunal held the claimant was dismissed in breach of contract in respect of notice and awarded £550 damages. | Upheld | — | £550 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from pay and ordered payment of £550. | Upheld | — | £550 |
| Holiday pay | The tribunal found holiday pay accrued at termination was unpaid and awarded £641.66 for 7 days' accrued holiday. | Upheld | — | £642 |
| Other | The tribunal found the respondent failed to provide a written statement of terms and conditions of employment and awarded four weeks' pay; the OCR text reads £2,84.92, which is treated as £284.92. | Upheld | — | £285 |
| Unfair dismissal | The claimant's automatically unfair dismissal claim was recorded as withdrawn and dismissed on withdrawal. | Withdrawn | — | — |
| Breach of contract | The claimant's breach of contract claim concerning auto-enrolment in a workplace pension scheme was recorded as withdrawn and dismissed on withdrawal. | Withdrawn | — | — |
Remedy
Monetary award- Total award
- £2,027
- across all upheld claims
Legal tests applied
1 reference- Rule 21, Employment Tribunals Rules of Procedure 2013
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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