Mr J A Melville v BBA Remanufacturing Ltd in voluntary liquidation Mr C D Swan Mrs A J Swan Heard at London South (by video) — 2024

This was a Rule 21 default judgment under the Employment Tribunals Rules of Procedure 2013, made because the first respondent (BBA Remanufacturing Ltd, in voluntary liquidation) did not file a response by 25 May 2023 after the claim was sent on 26 April 2023. Employment Judge Corrigan sat alone at London South (by video) on 18 September 2024, with the claimant appearing in person and the second and third respondents in person; the first respondent did not attend. The judgment was made on the basis of further information provided by the claimant at the hearing.

The tribunal found that the first respondent had made unauthorised deductions from wages (unpaid commission), wrongfully dismissed the claimant entitling him to statutory notice pay, owed accrued holiday pay, and had unfairly dismissed him. The claimant limited his notice claim to statutory notice and elected to pursue his loss of earnings under the continuing age discrimination claim, so no compensatory loss of earnings was awarded under unfair dismissal. The unfair dismissal award comprised a basic award of £571 and £500 for loss of statutory rights.

The tribunal further found a failure to provide s.1 Employment Rights Act 1996 compliant particulars of employment and applied a 2-week uplift at the capped gross weekly pay of £643 (£1,286). The judge declined the claimant's request for a 4-week uplift, noting that partial terms had been provided at the start of employment, that the employer's name had been updated on pay statements, and that the claimant had not identified a particular disadvantage from the lack of a contract. The age discrimination claim against all three respondents remains to be determined. The total payable by the first respondent is £4,653, subject to tax and National Insurance deductions on the commission and holiday pay elements.