Mr L Thornton v Dako Construction Limited and 1 other — 2024

The claim was issued on 2 April 2023. The first respondent was in administration and failed to present a valid response on time; the administrators consented to the claim proceeding on 31 July 2023. The Secretary of State for Business and Trade filed a response on 30 August 2023. The claimant’s effective date of termination was found to be 24 January 2023.

The tribunal upheld claims for unauthorised deductions from wages for 16-24 January 2023, breach of contract in respect of notice, unauthorised deduction from wages for a bonus payment, and unpaid holiday pay. For the wages claim, the judgment states that the gross amount was £2,476.95, with credit for a £779.17 payment by the Secretary of State, so £1,697.78 was payable. For notice pay, the total net amount was £5,112.17, with credit for a £417.32 payment by the Secretary of State, so £4,694.85 was payable. The bonus claim was awarded at £15,000 and the holiday pay claim at £5,838.52.

The tribunal also made a protective award under sections 188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992. It found that the first respondent operated at a single establishment with no recognised trade union, that more than 20 employees were made redundant, and that the respondent failed to organise the election of employee representatives and consult with them. The tribunal ordered remuneration for a protected period of 90 days beginning on 24 January 2023 and recorded that the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applied to that award.