R Gall Mr M Smith v La Luce Limited — 2017

The claim was determined on the papers under rule 21 because no response had been presented. The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages at the start of employment and ordered repayment of £460 on the basis that the sum should be refunded on termination.

It also found that the claimant had been dismissed in breach of contract in respect of notice and awarded £1,840, equivalent to 4 weeks' pay in lieu of notice. A further finding was made that the respondent had failed to pay the claimant's holiday entitlement, and £800.40 was awarded for 8.7 days' holiday leave accrued but untaken at the date of termination.

In addition, the tribunal recorded that no contract of employment or written statement of terms and conditions had been issued. Because the claimant had been employed for almost 2 years, the tribunal considered it just and equitable under section 38 of the Employment Act 2002 to award the higher amount of 4 weeks' pay, and ordered payment of £1,840 on that ground. The hearing listed for 29 September 2017 was cancelled, and the judgment noted that fees paid in connection with the claim were to be refunded by HMCTS under the UNISON decision, although no fee amount was specified in the judgment.