Mr S Stamper v Datastor Systems Ltd: 1301530/2021
JUDGMENT
The Tribunal’s findings in respect of remedy in this claim are:[1]As conceded by the respondent the dismissal of the claimant was unfair as the incorrect procedure was applied.[2]The reasoning for dismissal was one of redundancy and not a sham procedure given that it has been shown to the Tribunal that there was a takeover, with changes to the business as a result and others working for the respondent had been made redundant.[3]For the unfair dismissal of the claimant there is a nil basic pay award as the claimant received redundancy pay from the respondent which has offset any basic award that would be awarded.[4]Compensatory Award (i) Loss to date when would have been made redundant (inc loss of statutory rights& pension, deducting Polkey) £7,602.03. TOTAL AWARD £7,602.03 COSTS JUDGMENT The Tribunal’s judgement in respect of the costs application made by the respondent at the end of the remedy hearing is as follows: 1. Pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, rules 74(1), 76(1)(a) and (2), 77, 78(1)(a), 82 and 84 and the cases of Monaghan v Close Thornton EAT/0003/01 and AQ Limited v Holden [2012] IRLR 648 the respondent’s costs application for Counsel’s fees for the 2 day hearings on 25 and 26 July 2022 is refused.