Karliampa v – Solicitor Rumel Limited — 2021

This was a remedy-only hearing on 6 December 2021. The respondent did not attend or lodge an ET3. The tribunal noted that by Rule 21 judgment dated 23 November 2021, the claimant's claims for unfair dismissal, breach of contract, holiday pay, unlawful deductions from wages and redundancy had already succeeded. The claimant gave evidence remotely from Greece, and the tribunal waived full compliance with the case management order, while noting the lack of supporting documents could hinder assessment of loss.

On unfair dismissal, the claimant had worked as a hotel manager from 1 January 2017 on £9 per hour and was placed on furlough on or about 20 March 2020 before being dismissed for redundancy on 19 June 2020. Applying section 123 ERA 1996 and mitigation principles, the tribunal limited the compensatory period to 3 July 2020 to 31 October 2020, which it treated as 17 weeks. It awarded £6,120 for loss of earnings over that period, £400 for loss of statutory rights, and accepted a 10% ACAS uplift, giving £7,172 for the dismissal compensation itself. It said no basic award was due because a statutory redundancy payment was also awarded.

The tribunal then made a separate award of £1,440 under section 38(3) Employment Act 2002 because the claimant had not been provided with written particulars of employment. It recorded the overall monetary award as £8,612, with a prescribed element of £6,120 covering 3 July 2020 to 31 October 2020. It declined to make any award for the wage-slip point, saying section 38 did not apply to wage slips and the claimant had not established a statutory basis for that figure.

The remaining awards were £720 for notice pay, because the claimant received one week's notice but was entitled to three weeks; £468 for accrued holiday pay, calculated as 6.5 days at 8 hours per day at £9 per hour; £1,750.71 for unlawful deductions from wages, being the difference between what the tribunal accepted was paid and what should have been paid gross for 13 March 2020 to 19 June 2020; and £1,080 for statutory redundancy pay based on a gross weekly wage of £360. The judgment listed those sums as due, with tax and National Insurance deductions where stated, but did not state a single grand total.