Mr B Golusik v JH Transport Limited — 2023

This was a Rule 21 judgment issued after the respondent did not defend the claims or respond to the tribunal's note inviting comment on the sums sought. The hearing was held in chambers in Glasgow on 2 May 2023 before Employment Judge D Hoey sitting alone. On the material available, the tribunal found that the respondent had ceased paying the claimant, ceased contact, and provided no procedure before ceasing to provide work and wages. The claimant was treated as dismissed, and the tribunal held that the failure to pay wages and provide work was a fundamental breach of contract, applying the s.95(1)(c) ERA 1996 constructive dismissal framework and the principles in Western Excavating.

The unfair dismissal claim succeeded because there was no process or attempt to engage with the claimant before dismissal, so the dismissal was unfair. The tribunal awarded a basic award of £3,997, calculated as 7 x the capped week's pay of £571, and a compensatory award of £17,349.87. The reasons record past loss, future loss, pension loss, job-seeking expenses and £500 for loss of statutory rights. The judgment also states that the recoupment rules did not apply because the claimant had not advised the tribunal that he had claimed relevant statutory benefits.

The tribunal also ordered notice pay of £3,960 gross, holiday pay of £217.30 gross for 0.82 weeks' accrued leave, and unpaid wages of £1,260.46 gross for two weeks. The remaining claims were dismissed. The total monetary awards therefore came to £26,784.63.