Mr C Dishington v Moffat Building Services Limited — 2017

No response had been presented, so the judgment was issued under Rule 21 on the available material. The Employment Judge found that the respondent had made an unauthorised deduction from the claimant's wages and ordered payment of £600 gross. The Judge also found that the respondent had failed to pay holiday entitlement and ordered £885.60 gross in respect of 7.38 days of holiday accrued but untaken at the date of termination.

The tribunal further accepted that the claimant incurred £96 of financial loss because wages were not paid, specifically overdraft charges and non-transaction fees, and ordered the respondent to pay that amount. In addition, the respondent was ordered to reimburse the £160 tribunal fee paid by the claimant.

The judgment records that the claimant submitted a grievance on 16 September 2016 and that, under the ACAS Code of Practice, a formal meeting should have been arranged without unreasonable delay. No formal meeting was arranged and no explanation was given, so the tribunal found a breach of the ACAS Code of Practice. Applying section 207A of the Trade Union and Labour Relations Act 1992, the tribunal considered a 25% uplift to be just and equitable.

The tribunal treated the successful claim elements as £600, £885.60 and £96, and calculated the uplift at £395.40. It therefore awarded a total sum of £1,977 to the claimant.