Mr J McDonnell (deceased) v MWBC Ltd: 1301064/2022
JUDGMENT
[1]This Judgment is issued pursuant to:(i) Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 in circumstances where the Respondent has not presented a response to the claim, and(ii) the Remedy Hearing on 16 February 2023.[2]The Claimant’s claim for wrongful dismissal (failure to give notice) succeeds and the Claimant is awarded £2,803.80 net representing 6 weeks’ wages plus employer pension contributions. This sum is uplifted by 25%, namely to £3,504.75, due to the Respondent’s failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures.[3]The Claimant’s claim for unfair dismissal succeeds and the Claimant is awarded a basic award of £4,896. The Claimant’s compensatory award is limited to £500 for loss of statutory rights, as the remainder of his compensatory award overlaps with the compensation already awarded for wrongful dismissal. This sum is uplifted by 25%, namely to £625, to represent the Respondent’s failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. 10.2 Judgment - rule 61 February Case No: 1301064/22[4]The Claimant’s claim for 5 days’ holiday pay succeeds and he is awarded a sum of £439 net.[5]The Claimant’s claim for unlawful deduction of wages (week in hand) succeeds and he is awarded a sum of £439 net.[6]At the time these proceedings were instituted the Respondent was in breach of its duty to provide the Claimant with a contract of employment. He is therefore awarded a sum of 4 weeks’ gross pay which equals £2,264.[7]The total sum payable by the Respondent to the Claimant is £12,167.75