Kokaine v Daru Ltd — 2024

The tribunal, sitting before Employment Judge Doherty, held that Ms Kokaine was automatically unfairly dismissed under section 104(1)(b) of the Employment Rights Act 1996. It awarded a compensatory award of £10,449.80. The judgment extract records that reasons were provided orally, so it does not set out the detailed factual reasoning in writing.

The tribunal also found that the respondents had failed to provide a statement of particulars of employment and made an award of 4 weeks' pay under section 38(4)(b) of the Employment Act 2002, in the sum of £761.32. In addition, it found a failure to provide itemised pay statements required by section 8 of the Employment Rights Act 1996 and awarded £761.32 under section 12(4) of that Act.

Finally, the tribunal held that the claimant had accrued annual leave under regulation 13 of the Working Time Regulations 1998 that had not been taken by the date of termination, and ordered payment of £413 under regulation 16. The respondent did not appear at the hearing. The total monetary awards recorded in the judgment therefore came to £12,385.44.