Mr P Kundi v Stepway CIO: 1302492/2022
JUDGMENT
[1]The claimant was refused permission to amend to include allegations that he was not paid national minimum wage and had not taken any holiday during his employment with the respondent.[2]The claimant was unfairly dismissed by the respondent.[3]The claimant was wrongfully dismissed by the respondent.[4]The other claims brought by the claimant fail and are dismissed.[5]There was no percentage chance that the claimant could have been fairly dismissed.[6]The claimant contributed to his dismissal by his blameworthy conduct and a 10% deduction will be applied to the compensatory award to reflect that. 7. The respondent is ordered to pay the claimant compensation as follows:a. Two weeks’ notice pay at £269.24 (this figure was agreed).b. A basic award of £269.24 (this figure was agreed).c. Loss of statutory rights £500.d. A compensatory award of £5128.82 (calculated as 10 months loss of earnings = 10 x 583.33 = 5833.30 – 1 weeks earnings received from the 1 of 2 Case number: 1302492/2022 respondent after dismissal = 5833.30 – 134.62 = 5698.68 – 10% reduction for contributory conduct = £5128.82.e. Grand total = £6167.28.[8]The recoupment provisions do not apply. ____________ ______________ Employment Judge Meichen 18.9.23 ……………………………. For the Tribunal: ………………………….. Reasons for the judgement having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. 2 of 2