Mr Karl Hewitt v Terrence Andrew Ltd. — 2025

The respondent was notified of the claim and hearing at its registered office but did not file a response or attend. The claimant was also absent. After contacting the claimant by email and waiting until 2pm, the tribunal proceeded in the absence of both parties under rule 47 of the Employment Tribunal Procedure Rules 2024.

The tribunal held that the complaint of unfair dismissal under section 98 of the Employment Rights Act 1996 was well-founded and that the claimant had been unfairly dismissed. It made no reduction for contributory conduct. The basic award was calculated at one week's gross pay for each of six complete years of employment while the claimant was aged 33 to 39, using the ET1 figure of £602.87 per week, producing £3,617.22.

The holiday pay complaint succeeded because the respondent made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when employment ended. The tribunal awarded £1,947.08 on that claim, as set out in the claimant's schedule of loss. The notice pay complaint in breach of contract also succeeded, and the tribunal awarded £3,405.64 as damages. The total sum ordered was £8,969.94.