Mr Y Isuf v Lux Distribution Ltd: 1304549/2021
JUDGMENT
[1]The claimant’s unfair dismissal claim succeeds.[2]The claimant caused or contributed to his dismissal by his culpable and blameworthy behaviour. It is just and equitable to reduce the basic and compensatory awards by 100%.[3]There is a 90% chance that the respondent would have fairly dismissed the claimant by 8 October 2021. Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). Case Number: 1304549.21[4]It is declared that the respondent failed to provide the claimant with a written itemised pay statement in breach of its obligations under Section 8 of the Employment Rights Act 1996.[5]The claimant’s wrongful dismissal claim fails and is dismissed.[6]The claimant is not entitled to an award under Section 38 of the Employment Act 2002.[7]By consent the claims for an unlawful deduction from wages and unpaid holiday pay on termination of employment are dismissed on withdrawal by the claimant.