Ms L Welburn v KDCM Public House Ltd: 1301407/2022
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is well founded and succeeds.[2]The Respondent was in breach of contract by dismissing the Claimant without notice.[3]The Respondent failed to provide the Claimant with an up-to-date written statement of terms and conditions of employment.[4]The Claimant is awarded a total sum of £6,983.40. The Claimant will account to HMRC for any employee tax payable on this sum. This consists of:a. Unfair dismissal basic award (1 x £114 x 4 years) of £456;b. Unfair dismissal compensatory award of £5,834.55, comprising i. 16 weeks from 6/12/21 until 1/4/22 at £106.92 per week = £1,710.72 ii. 26 weeks from 1.4.22 until 27.9.22 at £114 per week (reflecting increase to national minimum wage) = £2,964 10.2 Judgment - rule 61 February 2018 Case No: 1301407/2022 iii. Applying a 25% uplift for unreasonable failure to follow ACAS Code to the total compensatory award = £5,843.40;c. Breach of contract damages in respect of 4 weeks’ notice of £456.d. Failure to provide a written statement of employment particulars under s38 Employment Act 2002 of 2 weeks’ pay = £228