Mr Andrews Burgess v Grafik Limited (in Liquidation) — 2025

The respondent, Grafik Limited (in liquidation), did not file a response, so the tribunal issued judgment under Rule 22 of the Employment Tribunal Procedure Rules 2024. The claim form had been sent to the respondent’s registered office on 21 March 2024, and the company was placed into liquidation on 3 April 2024. The tribunal also noted that recovery of the debt was likely to be difficult and referred the claimant to section 166(1)(a) Employment Rights Act 1996 if payment could not be recovered from the respondent.

On wages, the tribunal found an unauthorised deduction from wages in respect of the period 1 to 6 November 2023 and awarded the claimant £827.08 gross, with the claimant responsible for any tax or National Insurance. On notice pay, the tribunal held that the breach of contract complaint was well-founded, stating that the claimant had been wrongfully dismissed, had not committed gross misconduct, and was contractually entitled to one month’s notice. Damages were assessed at £3,584, calculated using gross pay to reflect the likelihood of post-employment notice pay treatment.

The tribunal also found a well-founded holiday pay complaint. It held that the respondent made an unauthorised deduction from wages by failing to pay for 10 days’ holiday accrued but untaken when employment ended, and ordered payment of £1,654.16, again with tax or National Insurance to be accounted for by the claimant. The unfair dismissal complaint was dismissed because the claimant did not have sufficient continuous service to bring that claim.

The total sum payable by the respondent was £6,065.24.