Mr A Nicholson v D.L.M Pub Company Ltd (England and Wales : Breach of Contract)

Factual and Procedural Background

The claim was issued in the Midlands West Employment Tribunal on 13 November 2022 by the Plaintiff against Company A. The Defendant failed to submit a valid response within the prescribed time and did not apply for an extension. Pursuant to Rule 21 of the Employment Tribunals Rules of Procedure 2013, the Employment Judge determined that a decision could be made on the claim or part thereof without a response from the Defendant.

Legal Issues Presented

1. Whether the Plaintiff's claim for unfair dismissal is well founded.
2. Whether the Plaintiff's claim for wrongful dismissal is well founded.
3. Whether the Defendant made unauthorised deductions from the Plaintiff's wages.
4. Whether the Plaintiff is entitled to unpaid holiday pay.
5. Whether the Defendant failed to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court proceeded under Rule 21 of the Employment Tribunals Rules of Procedure 2013 due to the Defendant's failure to respond or seek an extension. The Employment Judge found the claims for unfair dismissal, wrongful dismissal, unauthorised deductions, and unpaid holiday pay to be well founded based on the evidence before the Tribunal. Conversely, the claim regarding failure to inform and consult under TUPE was dismissed as not well founded. The reasoning focused primarily on procedural compliance and the substantive merits as established by the Plaintiff's uncontested assertions.

Holding and Implications

The court's final decision is as follows:

• The claims for unfair dismissal and wrongful dismissal are upheld.
• The Defendant made unauthorised deductions from the Plaintiff's wages.
• The claim for unpaid holiday pay is upheld.
• The claim for failure to inform and consult under TUPE is dismissed.

The Defendant is ordered to make payments totaling £10,348.67 to the Plaintiff within 28 days, covering wrongful dismissal, unfair dismissal awards, unauthorised deductions, holiday pay, and loss of statutory rights. The Defendant is responsible for any applicable taxes and national insurance contributions. This decision directly affects the parties by awarding monetary relief to the Plaintiff but does not establish new legal precedent.