Mr R Charles v Sunrise Records and Entertainment Ltd: 1305752/2020
JUDGMENT
[1]The claimant’s claim is well founded. The claimant was unfairly dismissed by the respondent contrary to section 94 Employment Rights Act 1996 (ERA).[2]The claimant is entitled to a basic award of £5,250 under section 119 ERA, reduced (under section 122(4)(b) ERA) by the amount of the redundancy payment he received from the respondent on termination (£5,250). This reduces the basic award to nil.[3]It is not just and equitable to make a compensatory award under section 123 ERA because there was 100% likelihood that the claimant would have been fairly dismissed for redundancy on 3 February 2020 had the respondent followed a fair redundancy procedure.