(1) Mr A Rassel (2) Mr D Radu v Boiler & Company UK Limited — 2023

The hearing proceeded in the absence of the Respondent under rule 47, Employment Judge Curtis sitting alone at London South ET by CVP on 8 November 2023. The Respondent's name was amended to Boiler & Company UK Limited. The unfair dismissal complaints brought by both Claimants were not well founded and were dismissed because the Claimants did not have sufficient length of service at the time they were dismissed.

The Tribunal found that when proceedings were begun the Respondent was in breach of its duty to provide either Claimant with a written statement of employment particulars under s.1 ERA 1996, and set out the particulars that ought to have been included for each Claimant (both employed as kitchen porters at 5 Canvey Street, London SE1 9AN, at £12 per hour). The Tribunal also found that the Respondent had failed to give the First Claimant written itemised pay statements under s.8 ERA 1996 between 2 December 2022 and 9 April 2023, and the Second Claimant between 25 March 2023 and 7 April 2023.

The Second Claimant's complaint of unauthorised deductions from wages was well-founded and the Respondent was ordered to pay him £480, being the gross sum deducted. Under s.38 Employment Act 2002 the Tribunal found there were no exceptional circumstances making a two-weeks' gross pay award unjust or inequitable, and that a four-weeks' award was not just and equitable, ordering the Respondent to pay the Second Claimant a further £480. No s.38 award was made for the First Claimant as he did not succeed with any claim under Schedule 5.