Case 3205026/2022 · Employment Tribunal
Mr A. Black v Birubi Ltd — 2022
- Case reference
- 3205026/2022
- Decision date
- 30 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Massarella Representation
Parties
2 namedClaimant
Mr A. Black
Respondent
Key findings
Tribunal's reasoningAt the remedy hearing, the tribunal refused the debarred respondent's application to participate, deciding that it was not in the interests of justice to allow participation. On liability, it found that Mr A. Black had been constructively dismissed and that the dismissal was automatically unfair because the principal reason for it was that he asserted statutory rights not to have unauthorised deductions made from his wages and to be provided with itemised pay statements.
The tribunal also found that Birubi Ltd breached its duty to provide full and accurate written particulars, made unauthorised deductions from wages by failing to pay June 2022 wages, and failed on termination to pay accrued but untaken holiday. Those claims therefore succeeded as well.
On remedy, the tribunal awarded a compensatory award of £3,714 for unfair dismissal, £566 for the written-particulars breach, £1,003.13 gross for the unlawful deductions claim, with £23.87 National Insurance to be deducted to leave £979.26 net payable, and £806.40 for unpaid holiday pay. No ACAS uplift was awarded. The annex records a monetary award of £3,714 for recoupment purposes, a prescribed element of £3,714 for the period 29 June to 30 September 2022, and an excess of £0.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found Mr A. Black had been constructively dismissed and that the dismissal was automatically unfair because the principal reason was his assertion of statutory rights not to have unauthorised deductions made from his wages and to be provided with itemised pay statements. The remedy was a compensatory award only. | Upheld | — | £3,714 |
| Other | The tribunal found a breach of the duty to provide full and accurate written particulars. | Upheld | — | £566 |
| Unlawful deduction from wages | The tribunal found unauthorised deductions from wages arising from non-payment for June 2022. It awarded £1,003.13 gross, with National Insurance of £23.87 to be deducted and paid, leaving £979.26 net payable to the claimant. | Upheld | — | £1,003 |
| Holiday pay | The tribunal found the respondent failed on termination to make payment for accrued but untaken holiday. | Upheld | — | £806 |
Remedy
Monetary award- Total award
- £6,090
- across all upheld claims
- Compensatory award
- £3,714
- compensatory remedy recorded
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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