Case 3206104/2021 · Employment Tribunal
Mr Graham Davies v JMG Joinery Ltd (in voluntary liquidation) — 2022
- Case reference
- 3206104/2021
- Decision date
- 27 April 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Travers Representation
Parties
2 namedClaimant
Mr Graham Davies
Key findings
Tribunal's reasoningEmployment Judge Travers heard the claims remotely by Cloud Video Platform on 27 April 2022. The respondent was in voluntary liquidation, its insolvency practitioners said they had no objection to the hearing, and the tribunal proceeded on the basis that there was no restriction under Part IV of the Insolvency Act 1986. The respondent did not attend and was not represented.
The tribunal found that Mr Davies was constructively dismissed and that the dismissal was unfair. The effective date of termination was 31 October 2021. He had 7 complete years of service, was not below 41 during each year of employment, and his weekly pay exceeded the statutory cap for the basic award. Applying s119 ERA 1996, the tribunal made a basic award of £5,712, made no compensatory award for future loss of earnings, and awarded £400 for loss of statutory rights.
On the wages claim, the tribunal awarded £6,163.61 for arrears of pay and £1,117.80 for holiday pay. It recorded that the weekly rate used for the arrears exceeded the £571 cap under s186 ERA 1996 because of the respondent's liquidation, and it noted that, on the evidence, a complaint under s188 ERA 1996 would have produced a £4,568 payment at the 8-week cap, although no such award is recorded in the judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found that Mr Davies was constructively dismissed and that the dismissal was unfair. It made a basic award of £5,712 under s119 ERA 1996 and a further £400 for loss of statutory rights. | Upheld | — | £6,112 |
| Unlawful deduction from wages | The tribunal awarded £6,163.61 for arrears of pay and £1,117.80 for holiday pay. It recorded the s184 and s186 ERA 1996 cap issue and noted that a complaint under s188 ERA 1996 would have attracted £4,568 at the 8-week statutory maximum, but no such award is recorded in the judgment. | Upheld | — | £7,281 |
Remedy
Monetary award- Total award
- £13,393
- across all upheld claims
- Basic award
- £5,712
- statutory, unfair dismissal
- Compensatory award
- £400
- compensatory remedy recorded
Legal tests applied
4 references- s119 ERA 1996
- s184 ERA 1996
- s186 ERA 1996
- s188 ERA 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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