appeared in person and accompanied by his mother Mrs H Clough For the v ABG Couriers Ltd (In Administration) — 2022

The claimant appeared in person and the respondent did not attend. He said he did not wish to proceed with the disability discrimination complaint, and the tribunal recorded that it had never formally been accepted as a complaint to be determined, so there was no need to dismiss it on withdrawal. The tribunal found that the claimant had been summarily dismissed without entitlement to do so and that he was entitled to 9 weeks' statutory notice; it extended the EDT to 6 November 2021.

Because the claimant had not been paid between 1 August 2021 and 4 September 2021, the tribunal allowed an amendment to add an unlawful deduction from wages complaint under s.13 ERA 1996. It said this was a relabelling of the existing complaints and permitted in the interests of justice and the overriding objective given the claimant's unrepresented status. The tribunal upheld the unfair dismissal complaint, but limited the compensatory element because the claimant was found unfit for work and in receipt of PIP from 17 September 2021.

The tribunal also applied a 25% uplift under s.207A TULR(C)A 1992 because the respondent had not followed the ACAS disciplinary code in any real way. It upheld the notice pay, unlawful deduction from wages, and holiday pay complaints. The award totalled £15,378.45, comprising a £6,068.25 basic award, a £500 compensatory award, £2,247.50 unpaid wages, £4,045.50 notice pay, and £2,517.20 holiday pay; the recoupment section recorded a nil prescribed element and nil balance.