Mr A Gasau v J C Bamford Excavators Ltd: 1301480/2021 and 1304498/2021
JUDGMENT
[1]The claimant’s claim that the respondent breached his contract of employment by failing to pay contractual sick pay due to him for the period 1 January 2021 to 27 April 2021 is well-founded and succeeds. The respondent is ordered to pay to the claimant the sum of £8,188.16 gross, subject to the deduction of tax and national insurance.[2]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following:a. A basic award in the sum of £4,896.00.b. A compensatory award in the sum of £2,397.65 net of tax and national insurance contributions.c. £500, in respect of loss of statutory rights.[3]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £2,809.63 gross as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.