Case 6015558/2025 · Employment Tribunal
Mr Thomas Andrew Stokes v Mr Carl Sebastian Eskuchen-Kahler — 2025
- Case reference
- 6015558/2025
- Decision date
- 26 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Barker
Parties
2 namedClaimant
Mr Thomas Andrew Stokes
Respondent
Key findings
Tribunal's reasoningThe claim was presented on 30 April 2025 and the respondent failed to present a response. The Employment Judge determined the claim under rule 22 of the Employment Tribunal Rules of Procedure 2024. The tribunal found the claimant was dismissed in breach of contract in respect of notice and was automatically unfairly dismissed by reason of his complaint about unlawful deductions from wages.
The claimant was paid no wages during his employment, giving rise to an unlawful deductions award of £31,382. His compensatory award for unfair dismissal was calculated as 6 months' net loss of earnings (£31,382) reduced by £13,521.94 earned in mitigation, leaving £17,860.06. Damages for breach of contract in respect of notice were £5,230.33.
The respondent had failed to provide written particulars of employment, so the tribunal made an award of 2 weeks' pay at the statutory cap of £719, totalling £1,438, under s.38(1)-(5) Employment Act 2002. Accrued but unpaid holiday pay of 2.83 weeks amounted to £3,415.81. The respondent was ordered to pay the claimant £59,326.20 in total.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Damages for notice (1 month) based on net weekly wage of £1,207. | Upheld | — | £5,230 |
| Unfair dismissal | Automatically unfairly dismissed by reason of complaint about unlawful deductions from wages; 6 months' net loss of £31,382 reduced by £13,521.94 mitigation. | Upheld | — | £17,860 |
| Unlawful deduction from wages | Claimant was paid no wages during his employment. | Upheld | — | £31,382 |
| Other | Award under s.38(1)-(5) Employment Act 2002 for failure to provide written particulars of employment: 2 weeks' pay capped at £719/week. | Upheld | — | £1,438 |
| Holiday pay | 2.83 weeks' accrued holiday pay unpaid at termination. | Upheld | — | £3,416 |
Remedy
Monetary award- Total award
- £59,326
- across all upheld claims
- Compensatory award
- £17,860
- compensatory remedy recorded
Legal tests applied
2 references- rule 22 of the Employment Tribunal Rules of Procedure 2024
- s.38(1) to (5) Employment Act 2002
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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