Case 6006469/2024 · Employment Tribunal
Mr Mudd-Herel v Luna & Sunny Limited — 2024
- Case reference
- 6006469/2024
- Decision date
- 9 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Howden-Evans REPRESENTATION
Parties
2 namedClaimant
Mr Mudd-Herel
Respondent
Key findings
Tribunal's reasoningThe claim was issued on 23 July 2024 and the respondent did not present a valid response on time. The Employment Judge therefore determined the claim under rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found the complaint of unauthorised deductions from wages well-founded and ordered the respondent to pay £425, made up of the gross deduction of £340 plus a 25% ACAS uplift.
The tribunal also found the complaint of unfair constructive dismissal well-founded. It awarded a basic award of £340 and a compensatory award of £9,350, and recorded that these were the sums payable after the ACAS uplift had been applied. The tribunal found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and increased the unfair dismissal compensatory award and the wages compensation by 25% under s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992.
The breach of contract complaint was also found well-founded, but the compensation for breach of contract was set off against the compensation awarded for unfair dismissal to avoid double compensation. The tribunal stated that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply. The total amount owed to the claimant was £10,115, and interest was stated to accrue at 8% per annum on any unpaid amount after 14 days, equivalent to £2.22 per day if the whole award remained unpaid.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from wages and ordered payment of £425, described as the gross deduction of £340 plus a 25% ACAS uplift. | Upheld | — | £425 |
| Constructive dismissal | The complaint was recorded as unfair constructive dismissal. The tribunal awarded a basic award of £340 and a compensatory award of £9,350, stated to be sums payable after the ACAS uplift had been applied. | Upheld | — | £9,690 |
| Breach of contract | The breach of contract complaint was found well-founded, but the compensation was set off against the unfair dismissal compensation to avoid double compensation, so no separate sum was stated. | Upheld | — | — |
Remedy
Monetary award- Total award
- £10,115
- across all upheld claims
- Basic award
- £340
- statutory, unfair dismissal
- Compensatory award
- £9,350
- compensatory remedy recorded
Legal tests applied
3 references- Rule 21 of the Employment Tribunals Rules of Procedure 2013
- s.207A Trade Union & Labour Relations (Consolidation) Act 1992
- Article 3(1) Employment Tribunals (Interest) Order 1990
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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