Mr P Burton v Ocean Design Storage Solutions Ltd: 1302848/2022
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment in the sum of £12,926.88.[2]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 to 15 March 2022. The respondent is ordered to pay to the claimant the gross sum of £849.60. The complaint of unpaid wages in respect of commission is not well founded and is dismissed.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's pay by failing to pay holiday pay for 32 days accrued but untaken and is ordered to pay the claimant the gross sum of £2,718.72.[4]The respondent is ordered to pay the claimant the sum of £6765.02 as damages for breach of contract which is broken down as follows:(a) 12 weeks unpaid notice pay £5248.44(b) Unpaid expenses £1201.22(c) Unpaid employer pension contributions January/February 2022 £290.24(d) Unpaid employer pension contributions 1-15 March 2022 £25.12[5]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is Case No: 1302848/2022 2 ordered to pay the claimant an award of £1274.74 which is broken down as follows:(a) No basic award.(b) A compensatory award in the sum of £874.74 to reflect two weeks additional pay and pension contributions that would have been payable during a period of consultation that the respondent failed to carry out(c) £400 loss of statutory rights.[6]The claimant’s application for a costs award to be made is dismissed Employment Judge Flood Date: 9 January 2023 1305027/2021 EMPLOYMENT TRIBUNALS Claimant Respondent Mr OG Enuezie V Solicitors Regulatory Authority Ltd Judgment Heard at: Birmingham by CVP On: 27, 28, 29, 30, 31 March 2023 in chambers 27 April, Judgment 2 May 2023 Before: Employment Judge Dean Members : Mr K Hutchinson and Ms M Stewart Appearance: For the Claimant: Mr A Elesinnla (Counsel) For the Respondent: Ms S Bowen (Counsel)[1]The respondent did not discriminate against the claimant because of the protected characteristic of his race in breach of section 13 of the Equality Act 2010.[2]The claimant’s complaints before the Employment Tribunal are dismissed. 1305027/2021 Signed by