Excel Plastering (Ilford) Ltd

Case Summary

The claimant's claim of unfair dismissal succeeded. The tribunal found the respondent could and would have fairly dismissed the claimant by reason of redundancy on 28 November 2024 with proper notice, and reduced the compensatory award accordingly. The claimant's claims for breach of contract and unlawful deduction of wages also succeeded, but the claim for holiday pay was dismissed.

The claim of unfair dismissal was well founded because the respondent failed to follow a fair redundancy process. However, the tribunal found that had the respondent acted fairly it could and would have fairly dismissed the claimant by reason of redundancy on 28 November 2024, so the compensatory award was reduced accordingly. The breach of contract claim succeeded because the employer failed to give lawful notice of 12 weeks.

• •Whether dismissal was fair
• •Whether employer acted fairly in redundancy process
• •Whether lawful notice was given
• •Unlawful deduction of wages
• •Holiday pay entitlement under Working Time Regulations 1998

1 EMPLOYMENT TRIBUNALS Claimant: Mr Max Bassett Respondent: Excel Plastering (Ilford) Limited Heard at: East London Hearing Centre On: 18 & 19 March 2026 Before: Employment Judge Crosfill Representation Claimants: Ms D Aloba, a legal representative Respondent: Mr Peter Brewer, a Director JUDGMENT 1. The Claimant’s claim of unfair dismissal is well founded and succeeds. 2. The tribunal finds that had the Respondent acted fairly it could and would have fairly dismissed the Claimant by reason of redundancy on 28 November 2024 and that the compensatory award made under Section 123 of the Employment Rights Act 1996 should be reduced to reflect that finding. 3. The Claimant’s claim for breach of contract (dismissal without lawful notice being given) succeeds. 4. The Claimant’s claim for unlawful deduction of wages is well founded. The Respondent deducted the Claimant’s wages in full for the period between 20 September 2024 and 6 November 2024 the date that the Claimant’s resignation took effect. 5. The Claimant’s claim for holiday pay brought under Regulation 30 of the Working Time Regulations 1998 is dismissed. 6. The Tribunal is satisfied that the Claimant did not claim or receive any relevant benefit and accordingly the Employment Protection (Recoupment of Benefits) Regulations 1996 have no application to these claims. 7. The Claimant is entitled to a basic award calculated as follows: The Claimant was employed between 1 September 2008 and 6 November 2024 that 2 is 16 full years of which the Claimant was over the age of 41 for 14 years. The Claimant’s Gross pay was £910.00 per week. His basic award is therefore ((2) + (14x1.5)) = 23 x £700 (the relevant statutory cap that is a sum of £16,100.00. The said award extinguishes any right the Claimant might have for a redundancy payment. 8. The compensatory award is calculated as follows: …