Mr A Sharma v Hayre Builders Company Limited — 2023

The tribunal upheld Mr A Sharma's claims for unfair dismissal, notice pay, arrears of pay, untaken holiday pay, unpaid company expenses, and the failure to provide a statement of employment particulars required by section 1 of the Employment Rights Act 1996. The claim for statutory redundancy pay failed because the tribunal found his role was not redundant. The tribunal nevertheless made a basic award of £3,808, described as equivalent to a statutory redundancy payment.

The claimant's compensatory award for unfair dismissal was withdrawn because he said he was pursuing those losses in an ongoing personal injury claim. His breach of contract claim for pension contributions was also withdrawn so that he could reserve the right to complain to the Pensions Ombudsman. The tribunal recorded that no dismissal judgment was issued on those two withdrawn claims under Rule 52(a) of the Employment Tribunal Rules of Procedure 2013.

The respondent was ordered to pay £178,199.82 in total. That figure included £2,176 for the failure to provide written particulars, £4,900 for notice pay, £47,124 for unpaid wages, £7,458.08 for untaken holiday pay, £25,000 for company expenses after the contract claim was capped, a 25% Acas Code uplift of £22,616.52, £5,130 costs, and £59,987.22 for tax grossing up, in addition to the £3,808 basic award.