Case 3204156/2022 · Employment Tribunal
Mr F Amin v Wilson James Ltd — 2024
- Case reference
- 3204156/2022
- Decision date
- 10 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge A Allen KC
- Venue
- East London Hearing Centre
- Panel members
- Ms M Daniels, Mr M Rowe
Parties
2 namedClaimant
Mr F Amin
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting as a full panel at East London Hearing Centre on 3 and 4 July 2024, permitted the claimant by consent to amend his claim to include wrongful dismissal. The claimant's claims of automatic unfair dismissal under sections 103A and 110(1)(c) of the Employment Rights Act 1996 failed and were dismissed. It was agreed that the claimant had been dismissed on 25 May 2022 and had not received one week's notice pay.
The tribunal upheld the claims for wrongful dismissal (one week's notice pay), unpaid wages, and unpaid accrued holiday pay for the holiday year commencing 1 April 2022. The total gross sum agreed by the parties prior to uplift was £2,227.09, comprising £1,644.50 unpaid wages, £483 notice pay and £99.59 holiday pay. The award was increased by 10% (£222.71) for the respondent's failure to comply with the ACAS Code of Conduct on grievance procedures in relation to the money claims, producing a total ordered sum of £2,449.80 (potentially subject to tax).
The tribunal additionally ordered the respondent to pay a penalty of £1,000 to the Secretary of State for Justice under s12A Employment Tribunals Act, on the basis that the unpaid wages and holiday pay had been apparent to the respondent at or shortly after dismissal but remained unpaid. By s12A(10), the liability is discharged if £500 is paid within 21 days of notice of the decision. Reasons were given orally at the hearing.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Automatic unfair dismissal claims under s103A and s110(1)(c) Employment Rights Act 1996 failed and were dismissed. | Dismissed | — | — |
| Whistleblowing | Whistleblowing claim pursued via the s103A ERA 1996 automatic unfair dismissal route; this failed and was dismissed. | Dismissed | — | — |
| Wrongful dismissal | Claim added by consent at the hearing. Succeeded for 1 week's notice pay from 25 May 2022. | Upheld | — | £483 |
| Unlawful deduction from wages | Claim for unpaid wages succeeded; quantum agreed between the parties. | Upheld | — | £1,645 |
| Holiday pay | Unpaid accrued holiday pay for the holiday year commencing 1 April 2022. | Upheld | — | £100 |
Remedy
Monetary award- Total award
- £2,450
- across all upheld claims
Legal tests applied
4 references- s103A Employment Rights Act 1996
- s110(1)(c) Employment Rights Act 1996
- ACAS Code of Conduct (grievance procedures)
- s12A Employment Tribunals Act
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.