Mr A Bigland v Miomni Gaming Ltd (England and Wales : Breach of Contract) -[2022] UKET 2305317/2021- (8 August 2022)

Key Facts

Issues

• The respondent made unauthorised deductions from the claimant's wages and must pay £5750 gross.
• The respondent failed to pay the claimant's holiday entitlement and must pay £1692.30.
• The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages of £1706.30.
• The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3264.

Holdings

• The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3264.
• The respondent has made unauthorised deductions from the claimant's wages and must pay the claimant £5750 gross.
• The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £1706.30.
• The respondent has failed to pay the claimant's holiday entitlement and must pay the claimant £1692.30.
• The claim for costs and fines is refused.

Remedies

• The respondent failed to pay the claimant's holiday entitlement and must pay £1692.30.
• The claimant was dismissed in breach of contract regarding notice, and the respondent must pay damages of £1706.30.
• The respondent must pay the claimant £5750 gross for unauthorised deductions from wages.
• The claim for costs and fines is refused.
• The respondent must pay the claimant a total of £12,412.60.
• The claimant was dismissed due to redundancy and is entitled to a redundancy payment of £3264.

Monetary Damages

Legal Principles

• The tribunal refused the claim for costs and fines, applying the principle that claims for costs and fines are subject to specific procedural and substantive requirements. The respondent was ordered to pay various sums including unauthorised wage deductions (£5750), breach of contract damages (£1706.30), redundancy payment (£3264), and unpaid holiday entitlement (£1692.30), totaling £12,412.60.
• The tribunal applied procedural rules (Rule 21 of the Employment Tribunals Rules of Procedure 2013) to determine the claim due to the respondent's failure to provide a timely response. This included assessing unauthorised wage deductions, breach of contract dismissal, redundancy entitlement, and unpaid holiday claims.

Cited Statute

Judge Name

Passage Text

• The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3264.
• The respondent has made unauthorised deductions from the claimant's wages and must pay the claimant £5750 gross.
• The respondent must pay the claimant £12,412.60 in total.