Case 3201162/2023 · Employment Tribunal
Mr Demetriou Shamarkou v Alpha Pro Removals Limited — 2023
- Case reference
- 3201162/2023
- Decision date
- 18 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barrett Representation
Parties
2 namedClaimant
Mr Demetriou Shamarkou
Respondent
Key findings
Tribunal's reasoningThe case was heard on 18 October 2023 at East London Hearing Centre by Cloud Video Platform. The respondent did not attend and did not present a response, so Employment Judge Barrett issued a Rule 21 judgment on the available material. The tribunal found unauthorised deductions from wages, failure to pay holiday entitlement, breach of contract for non-payment of notice pay, and unfair dismissal.
On dismissal, the tribunal found that the claimant had been automatically unfairly dismissed contrary to sections 94(1) and 104(1)(b) Employment Rights Act 1996. The award for that claim was £10,020.00 for loss of earnings, which included notice pay, plus £350 for loss of statutory rights. The notice-pay point was dealt with within the unfair dismissal compensation and was not listed as a separate damages figure.
The tribunal also awarded £3,292.00 for unauthorised deductions from wages and £734.80 for holiday pay, giving a total monetary award of £14,396.80. For recoupment purposes, the prescribed element was £10,020.00 for the period 3 March 2022 to 20 September 2022, and the balance of the monetary award above the prescribed element was £4,376.80.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages and awarded damages of £3,292.00. | Upheld | — | £3,292 |
| Holiday pay | The tribunal found the respondent failed to pay the claimant's holiday entitlement and awarded £734.80. | Upheld | — | £735 |
| Breach of contract | The tribunal found a breach of contract in failing to pay notice pay. The notice pay was included in the unfair dismissal compensatory award rather than listed as a separate sum. | Upheld | — | — |
| Unfair dismissal | Automatic unfair dismissal under sections 94(1) and 104(1)(b) Employment Rights Act 1996. The award comprised £10,020.00 for loss of earnings, which included notice pay, and £350 for loss of statutory rights. | Upheld | — | £10,370 |
Remedy
Monetary award- Total award
- £14,397
- across all upheld claims
- Compensatory award
- £10,020
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- sections 94(1) and 104(1)(b) Employment Rights Act 1996
- Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996
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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