Mr S Mockl v Simpson Furniture (Bury) Limited and 1 other — 2024

The tribunal heard the claim on 6 September 2024 before Employment Judge M Butler sitting alone in Manchester. The respondents did not attend. The tribunal first determined that the second respondent, Simpson Interiors Limited, was the correct employing entity, and dismissed all claims brought against the first respondent in their entirety.

On the substantive claims against the second respondent, the tribunal found that unlawful deductions had been made from the claimant's wages totalling £9,558.64, comprising unpaid monthly wages for November 2022, December 2022 and January 2023 (£2,166.67 each), £1,000 in unpaid wages for February 2022, £1,300 in unpaid holiday pay on termination (13 days), and £758.63 in unpaid commission calculated per contract. The tribunal also found the second respondent had breached the contract of employment in respect of contractual notice (£6,500.01 for the 3-month notice period) and employment expenses (£503.90), totalling £7,003.91.

The tribunal applied a 10% ACAS uplift to both the unlawful deductions award (£955.86) and the breach of contract award (£700.39), on the basis that the claimant and others had raised pay issues with the second respondent who made no attempt to resolve the matter. The total award payable by the second respondent was £18,218.80. Other matters in the schedule of loss were found to be outside the tribunal's jurisdiction and no further awards were made.