Mr A M Shah v PYD Packaging Ltd: 1301717/2022
JUDGMENT
[1]The claimant’s complaint of unfair dismissal is well founded and succeeds.[2]The claimant’s complaint of wrongful dismissal (failure to pay notice monies) is well founded and succeeds.[3]The claimant’s complaint of failure to pay holiday pay is well founded and succeeds.[4]The claimant’s complaint of failure to pay statutory redundancy pay is not well founded and fails.[5]The claimant’s complaint of unlawful deduction of wages relating to arrears of wages is not well founded and fails.[6]The case will be listed for a remedies hearing to determine the amount of compensation payable. Employment Judge Chivers REMEDY JUDGMENT[1]The respondent is ordered to pay the claimant the sum of £582.85 as damages for breach of contract (failure to pay notice pay) subject to such deductions as it may be entitled to make for tax and national insurance.[2]The respondent is ordered to pay the claimanta. a basic award for unfair dismissal in the sum of £874.27b. a compensatory award for unfair dismissal of £2206.25. The compensatory award includes an uplift of 25% pursuant to section 207A Trade Union and Labour Relations (Consolidation) Act 1992 because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015.[3]The respondent is ordered to pay the sum of £5952.05 for failure to pay holiday pay such sum representing the compensation which the Tribunal considers just and equitable in all the circumstances under regulation 30(4) Working Time Regulations 1998.[4]The respondent failed in its duty to provide the claimant with a written statement of the main terms of employment complying with section 1 Employment Rights Act 1996. Pursuant to section 38 of the Employment Case No: 1301217/2022 Act 2002, the award is increased by the sum of £466.28, being four weeks’ gross pay.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No. 2349 apply. In accordance with those Regulations,(a) the total monetary award made to the claimant is £10,081.70;(b) the amount of the prescribed element is £1515(c) the date of the period to which the prescribed element is attributable are 12 December 2021 to 16 November 2023.(d) the amount by which the monetary award exceeds the prescribed element is £8566.70