Employment Tribunal Awards Damages for Employee Rights Violations
📌 In brief
The Employment Tribunal ruled in favour of two workers, ordering their employer to pay them damages for failing to follow proper dismissal procedures, making unauthorised wage deductions, and not paying their accrued annual leave. The employer was also found to have violated regulations protecting employees during a transfer of undertakings.
⚖️ Legal holding
An employer must comply with regulations regarding employee rights, including proper dismissal procedures and payment of accrued leave.
📖 Technical summary
The Employment Tribunal awarded damages to the claimants for various breaches by the employer.
📜 Headnote Official document
The Employment Tribunal ruled in favour of the claimants, ordering the employer to pay damages for breach of contract, unauthorised wage deductions, and failure to pay accrued annual leave. The employer was also found to have breached regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006.
📚 Full judgment Official document
Case No:6011206/2024 6011232/2024
EMPLOYMENT TRIBUNALS
Claimants:
[redacted]
[NAME_2]
Respondent:
[redacted]
JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 22
Background
1. The respondent has failed to present a valid response on time to each of these claims and a determination can properly be made of the claims in accordance with rule 21 of the Rules of Procedure.
2. The figures below are awarded in gross sums. The claimants should be aware that they may receive less than these amounts if the respondent accounts for statutory deductions before satisfying the awards. If the respondent pays the claimants the gross figures, then each claimant may need to satisfy any tax burdens individually from that award.
3. The hearing on 11 March 2025 is cancelled.
J [NAME_1]
4. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £2,237.78.
5. The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £1,717.03.
6. The respondent has failed to pay the claimant’s accrued but untaken annual leave entitlement on termination of employment and is ordered to pay the claimant the gross sum of £480.76.
Case No:6011206/2024 6011232/2024
7. The Tribunal declares that the respondent failed to comply with the requirements of regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and orders the respondent to pay the claimant an award in the sum of £6,249.97.
8. The total amount payable by the respondent to the claimant under this judgment is £10,685.54.
N [NAME_2]
9. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1,846.46.
10. The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £915.20.
11. The respondent has failed to pay the claimant’s accrued but untaken annual leave entitlement on termination of employment and is ordered to pay the claimant the gross sum of £457.60.
12. The Tribunal declares that the respondent failed to comply with the requirements of regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 and orders the respondent to pay the claimant an award in the sum of £5,948.80.
13. The total amount payable by the respondent to the claimant under this judgment is £9,168.06.
Approved by Employment Judge KM Ross Date: 14 January 2025
JUDGMENT SENT TO THE PARTIES ON
23 January 2025
AND ENTERED IN THE REGISTER
FOR THE TRIBUNAL OFFICE
Case No:6011206/2024 6011232/2024
NOTICE
THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 ARTICLE 12
Case numbers: 6011206/2024 & 6011232/2024
Name of case: [NAME_1] [NAME_2]
v [COMPANY_3] is payable when an Employment Tribunal makes an award or determination requiring one party to proceedings to pay a sum of money to another party, apart from sums representing costs or expenses.
No interest is payable if the sum is paid in full within 14 days after the date the Tribunal sent the written record of the decision to the parties. The date the Tribunal sent the written record of the decision to the parties is called the relevant decision day.
Interest starts to accrue from the day immediately after the relevant decision day. That is called the calculation day.
The rate of interest payable is the rate specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as the stipulated rate of interest.
The Secretary of the Tribunal is required to give you notice of the relevant decision day, the calculation day, and the stipulated rate of interest in your case. They are as follows:
the relevant decision day in this case is: 23 January 2025
the calculation day in this case is: 24 January 2025
the stipulated rate of interest is: 8% per annum.
[NAME_4] For the Employment Tribunal Office
Case No:6011206/2024 6011232/2024
GUIDANCE NOTE
1. There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide- t426
If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.
2. The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.
3. The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.
4. Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.
5. Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.
6. If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.
7. If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.
8. If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.
9. The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal decided in favour of the claimants, ordering the employer to pay damages for various breaches of employment law.
What was the dispute about?
The dispute was about the employer's failure to follow proper dismissal procedures, make unauthorised wage deductions, and pay accrued annual leave to the workers.
How did the court decide, and why?
The court decided in favour of the claimants because the employer had failed to comply with employment regulations, including proper dismissal procedures and payment of accrued leave.
Which laws or rules were applied?
The Employment Rights Act 1996 and the Transfer of Undertakings (Protection of Employment) Regulations 2006 were applied.
What was the argument that mattered most?
The argument that mattered most was that the employer had failed to comply with regulations regarding employee rights, leading to breaches such as unauthorised wage deductions and failure to pay accrued leave.
Was the decision for or against the person who brought the case?
The decision was for the claimants, who brought the case against the employer.
What does this mean for someone in a similar situation?
Someone in a similar situation might be able to seek damages from their employer if the employer fails to comply with employment regulations.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered.