Case 3311496/2020 · Employment Tribunal
Mr T Berani v Deals On Wheels (LDN) Ltd — 2021
- Case reference
- 3311496/2020
- Decision date
- 27 April 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge P Klimov
Parties
2 namedClaimant
Mr T Berani
Respondent
Key findings
Tribunal's reasoningAt a remote hearing by CVP in Watford on 27 April 2021, Employment Judge P Klimov sitting alone held that Deals On Wheels (LDN) Ltd had dismissed Mr T Berani without notice, so it was in breach of contract and owed damages of £1,191.44. The tribunal also upheld two unlawful deduction claims, awarding £2,502.04 for unpaid salary covering 17 to 23 March 2020 and 10 May to 8 June 2020, and £4,765.81 for unpaid holiday pay.
The tribunal found that Mr Berani was unfairly dismissed. It held that the respondent had unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures and applied a 25% uplift to the compensatory award. The unfair dismissal award comprised a £1,050 basic award and a grossed-up compensatory award of £38,476.75. The compensatory calculation included loss of statutory rights, immediate loss, future loss, deduction of the breach of contract damages already awarded, and the ACAS uplift before grossing up.
The tribunal also ordered £1,552.02 because the respondent unreasonably failed to provide a written statement of reasons for dismissal. It further awarded £1,050 for failing to provide a full and accurate written statement of particulars of employment, calculated under s.38(6) of the Employment Act 2002. In addition, it found a breach of s.8 ERA 1996 for failing to provide itemised pay statements, but the judgment did not specify a separate monetary award for that finding.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Dismissal without notice; damages awarded for breach of contract. | Upheld | — | £1,191 |
| Unlawful deduction from wages | Unpaid salary for 17 to 23 March 2020 and 10 May to 8 June 2020. | Upheld | — | £2,502 |
| Unlawful deduction from wages | Unpaid holiday pay. | Upheld | — | £4,766 |
| Unfair dismissal | Basic award of £1,050 and compensatory award of £38,476.75 after a 25% ACAS uplift and grossing up. | Upheld | — | £39,527 |
| Other | Failure to provide a written statement of reasons for dismissal; award equal to two weeks' gross pay. | Upheld | — | £1,552 |
| Other | Failure to provide a full and accurate written statement of particulars of employment; award under s.38(6) Employment Act 2002. | Upheld | — | £1,050 |
| Other | Breach of s.8 ERA 1996 for failing to provide itemised pay statements; no separate monetary award specified. | Upheld | — |
Remedy
Monetary award- Total award
- £50,588
- across all upheld claims
- Basic award
- £1,050
- statutory, unfair dismissal
- Compensatory award
- £38,477
- compensatory remedy recorded
Legal tests applied
4 references- ACAS Code of Practice on Disciplinary and Grievance Procedures
- s.1(1) ERA 1996
- s.8 ERA 1996
- s.38(6) 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.
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