Mr R Allan v TSR Manchester Limited (in voluntary liquidation) — 2024

Employment Judge Childe, sitting at Manchester on 9 October 2024, heard the claims of Mr R Allan against TSR Manchester Limited (in voluntary liquidation). The claimant appeared in person and the respondent did not attend. The Tribunal found that the respondent had made an unauthorised deduction from the claimant's wages on 30 November 2022 and ordered payment of the £3,000 gross sum deducted, with the claimant responsible for any tax or National Insurance.

The Tribunal also found that the claimant had been unfairly dismissed and ordered the respondent to pay a basic award of £2,855 and a compensatory award of £17,878.56. The judgment records that these are the actual sums payable after any deductions or uplifts have been applied, and that the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.

The Tribunal found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and that it was just and equitable to increase the compensatory award by 25% under s.207A TULR(C)A 1992. The Tribunal further found that the respondent was in breach of its duty to provide a written statement of employment particulars when proceedings began, with no exceptional circumstances making an award unjust or inequitable, and ordered payment of £571 (equivalent to four weeks' gross pay) under s.38 Employment Act 2002. Reasons were given orally; written reasons were not provided unless requested.