Case 3303467/2019 · Employment Tribunal
Mr Pavitter Singh v Gilsons Foods Limited (In Voluntary Liquidation) — 2021
- Case reference
- 3303467/2019
- Decision date
- 21 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tobin
Parties
2 namedClaimant
Mr Pavitter Singh
Key findings
Tribunal's reasoningThe hearing took place remotely on 2 September 2021 before Employment Judge Tobin sitting alone. The respondent did not attend or participate, so the tribunal proceeded under rule 47 of the Employment Tribunal Rules of Procedure 2013. The claims against the former respondent, S & S Wines Limited (in compulsory liquidation), were withdrawn.
The tribunal found that the claimant's employment transferred to Gilsons Foods Limited under regulation 4(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 on or around 25 August 2018. It also found that the claimant was unfairly dismissed, in breach of s.94 Employment Rights Act 1996. Separately, the tribunal found that the respondent had not paid outstanding wages, contrary to s.13 Employment Rights Act 1996, and had failed to give a statement of employment particulars, in breach of s.38 Employment Act 2002.
In remedy, the tribunal awarded £7,587.27 as the basic award for unfair dismissal and £4,903.76 as the compensatory award. The compensatory award included £3,570.48 for notice pay, £1,033.28 for additional loss of earnings, and £300 for loss of statutory rights. It also awarded £595 for unpaid wages and £1,190.16 for the failure to provide a statement of employment particulars, making a total award of £14,276.19.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed in breach of s.94 Employment Rights Act 1996. The award for this claim comprised a basic award of £7,587.27 and a compensatory award of £4,903.76, made up of £3,570.48 notice pay, £1,033.28 additional loss of earnings, and £300 for loss of statutory rights. | Upheld | — | £12,491 |
| Unlawful deduction from wages | The tribunal held the respondent was responsible for non-payment of outstanding wages under s.13 Employment Rights Act 1996. | Upheld | — | £595 |
| Other | The tribunal found a failure to give a statement of employment particulars, in breach of s.38 Employment Act 2002, and awarded £1,190.16. | Upheld | — | £1,190 |
Remedy
Monetary award- Total award
- £14,276
- across all upheld claims
- Basic award
- £7,587
- statutory, unfair dismissal
- Compensatory award
- £4,904
- compensatory remedy recorded
Legal tests applied
5 references- rule 47 Employment Tribunal Rules of Procedure 2013
- regulation 4(1) TUPE 2006
- s.94 Employment Rights Act 1996
- s.13 Employment Rights Act 1996
- s.38 Employment Act 2002
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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