Case 2411345/2023 · Employment Tribunal
Mr A Afzal v Prestige BB Limited — 2024
- Case reference
- 2411345/2023
- Decision date
- 25 October 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barker REPRESENTATION
Parties
2 namedClaimant
Mr A Afzal
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr A Afzal had been unfairly dismissed by Prestige BB Limited. It found the complaint of unfair dismissal well-founded and treated 31 August 2023 as the termination date for loss purposes. The claimant obtained alternative employment on 9 January 2024, which the tribunal treated as the point at which future loss ended.
On remedy for unfair dismissal, the tribunal awarded a basic award of £481. It calculated past loss at a net weekly wage of £240.46 from 31 August 2023 to 9 January 2024, giving £4,235.90, and made no award for future loss because the claimant had mitigated his losses. The tribunal then applied a 15% uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and it added £500 for loss of statutory rights and £480.92 under section 38 of the Employment Act 2002 for the missing written statement of employment particulars. The judgment recorded a total award of £6,333.20 on this claim.
The tribunal also found the complaint of unauthorised deductions from wages well-founded. It held that the respondent had failed to pay holiday pay for accrued but untaken leave on termination and had failed to pay the claimant for the whole of August 2023. The tribunal ordered payment of £3,687.06 gross on this claim, comprising £2,645.06 for holiday pay and £1,042 for unpaid August wages, and noted that the claimant was responsible for tax and National Insurance deductions on that sum.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed. It awarded a basic award of £481 and a compensatory award made up of past loss to 9 January 2024, no future loss because the claimant had mitigated his losses by then, a 15% uplift for failure to comply with the ACAS Code, £500 for loss of statutory rights, and £480.92 under section 38 of the Employment Act 2002 for the absence of written particulars. | Upheld | — | £6,333 |
| Unlawful deduction from wages | The tribunal held that the respondent made unauthorised deductions from wages by failing to pay holiday pay for accrued but untaken leave and by failing to pay the claimant for the whole of August 2023. The award was £3,687.06 gross, subject to deductions for tax and National Insurance. | Upheld | — | £3,687 |
Remedy
Monetary award- Total award
- £10,020
- across all upheld claims
- Basic award
- £481
- statutory, unfair dismissal
- Compensatory award
- £5,852
- compensatory remedy recorded
Legal tests applied
3 references- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s 207A Trade Union & Labour Relations (Consolidation) Act 1992
- section 38 Employment Act 2002
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.
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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