Mr T Palcyznki v JH Transport Limited — 2023

The respondent did not defend the claims or attend the case management preliminary hearing. After the tribunal issued a Note setting out the sums sought and inviting comment, no response was received. On the material available, the tribunal found that the respondent had ceased paying wages due for work done and had ceased all contact. That failure to provide work and pay wages amounted to a dismissal, and the claimant confirmed at the hearing that he was pursuing unfair dismissal only.

The tribunal held that the dismissal was unfair because there had been no process or attempt to engage with the claimant before the respondent stopped providing work and wages. The reasons section said the failure to pay wages and provide work was a fundamental breach of contract. The legal discussion referred to section 95(1)(c) of the Employment Rights Act 1996, Western Excavating (ECC) Ltd v Sharp, and Wright v North Ayrshire Council.

On remedy, the claimant was 44 years old and had net weekly pay of £673.38. The tribunal calculated a basic award of £3,711.50 using a multiplier of 6.5 and the statutory weekly cap of £571. It found wage loss of £15,680.13 over 23.29 weeks, pension loss of £551.87, and deducted £8,142.86 earned during the relevant period, leaving total losses of £8,089.14. It added £500 for loss of statutory rights, producing a compensatory award of £8,589.14 and a total award of £12,300.64. The tribunal said the recoupment regulations did not apply because the claimant was not in receipt of statutory benefits, and it recorded that the remaining claims were dismissed.