Mr J Singh v Rummy Transport Ltd: 1301218/2021 Mr J Singh v Rummy Transport Ltd: 1301218/2021
JUDGMENT
[1]The respondent’s application for a postponement of the hearing was refused.[2]The claimant’s application for strike out of the response was refused.[3]The claimant’s claims of failure to pay holiday pay and notice pay are dismissed following withdrawals of those claims by the claimant.[4]The claimant was unfairly dismissed by the respondent.[5]It is not just and equitable to reduce the award payable to the claimant because of any blameworthy conduct by the claimant.[6]There was no percentage chance that the claimant could have been fairly dismissed.[7]The respondent unreasonably failed to comply with the ACAS code and an uplift of 20% will be made to the compensatory award to reflect that.[8]The respondent is ordered to pay the claimant the following:a. A basic award of £2371.15. This figure was agreed.b. A compensatory award of £2342.20. 1 of 2 Case number: 1301218/2021 This was calculated as follows: 10 weeks loss of net pay (10 x 392.90) minus £1500 earned by the claimant in temporary employment plus 4 months ongoing loss (4 x £52.50) minus £785.76 ex gratia payment received by the claimant as a result of being dismissed plus £98.59 lost employer’s pension contributions plus 20% increase for the respondent’s failure to follow the ACAS code.[9]The respondent is also ordered to pay the claimant £350 for loss of statutory rights.[10]The grand total to be paid by the respondent to the claimant is £5063.35. ____________ ______________ Employment Judge Meichen 25 March 2022 ……………………………. For the Tribunal: ………………………….. Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2 of 2