Mr S Kapur v Evergreen Coaches Ltd: 1301348/2017
JUDGMENT
[1]The claimant’s claim of unfair dismissal fails and is dismissed.[2]The claimant’s claim for notice pay fails and is dismissed.[3]The claimant’s claims for a redundancy payment and for holiday pay are dismissed on withdrawal.[4]By consent under rule 64 Employment Tribunal Rules of Procedure 2013 the respondent is ordered to pay the claimant the net sum of £1295.40 in full and final settlement of his claim for unpaid wages whether under section 23 Employment Rights Act 1996 and/or Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.[5]The respondent was in breach of its duty to the claimant under section 4 (1) Employment Rights Act 1996 at the time the proceedings began and having made an award to the claimant in respect of a claim to which the proceedings relate the tribunal makes an award of 2 weeks’ pay in the total sum of £552 (2 x £276) under section 38 (3) Employment Act 2002.[6]The claimant’s contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 for damages and/or for a sum due fails and is dismissed.