Mr J Crawford v Cater Property Investment (Dundee) Limited — 2026

The tribunal held that Mr J Crawford was unfairly dismissed by Cater Property Investment (Dundee) Limited under section 104 of the Employment Rights Act 1996 for asserting a statutory right. The claim was undefended because the Response Form had been struck out. Employment Judge A Kemp was satisfied from the Schedule of Loss and supporting documents that judgment under Rule 22 was appropriate. The compensatory award was £38,366.64, based on net pay of £737.82 per week for one year after dismissal. Mr Crawford said that he had not found work or received state benefits during that period, so the recoupment provisions did not apply.

The tribunal also held that the respondent made unauthorised deductions from Mr Crawford's wages in respect of accrued holiday pay. Although the Schedule of Loss sought payment for 37 days, the tribunal awarded 28 days because the Working Time Regulations 1998 provided a minimum annual entitlement of 28 days and no provision for carrying forward unused leave. At £195 per day, based on gross weekly pay of £975, the holiday pay award was £5,460. The two awards total £43,826.64. The respondent may make appropriate deductions if it pays them to HMRC and gives Mr Crawford written evidence of payment.