Mr D Baker and others v Kiely Bros Ltd: 1305793/2020 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 UPON no response to the claims having been received, and upon there being sufficient evidence before me, I make the following determinations pursuant to Rule 21: - Mr. D Baker[1]Mr. D Baker was unfairly dismissed by the respondent.[2]The respondent is ordered to pay the following sums to Mr. D Baker:2.1 A basic award of £7263 based on 9 years full service and gross pay of £632 per week.2.2 A compensatory award of £24804 based on 12 months loss of earnings of £2067 net pay per month (8 months past loss and 4 months future loss).2.3 Compensation for loss of statutory rights in the sum of £350.[3]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 £32,417;(b) the amount of the prescribed element is £16536;(c) the dates of the period to which the prescribed element is attributable are 6 April 2020 to 22 December 2020;(d) the amount by which the monetary award exceeds the prescribed element is £15,881. Mr. D Hill[4]Mr. D Hill was unfairly dismissed by the respondent.[5]Mr. D Hill’s claim for disability discrimination is dismissed following a withdrawal of that claim by the claimant. Case Nos: 1305793/20, 1305832/20, 1306038/20 4.17 Rule 21 judgment – universal template. September 2017[6]The respondent failed to provide Mr. D Hill with a statement of terms and conditions.[7]The respondent failed to pay Mr. D Hill 2 days of his holiday entitlement[8]The respondent is ordered to pay the following sums to Mr. D Hill:8.1 A basic award of £1575 based on 3 years full service and gross pay of £573 per week.8.2 A compensatory award of £13329.08 based on:8.2.1 6 months past loss of earnings of £1894.01 net pay per month.8.2.2 6 months past loss of pensions contribution in the sum of £403.52.8.2.3 Compensation for loss of statutory rights in the sum of £350.8.2.4 10% uplift for the respondent’s failure to follow the ACAS code.8.3 An award of £2292 based on 4 weeks gross pay for the respondent’s failure to provide a statement of terms and conditions.8.4 2 days unpaid holiday pay in the gross sum of £229.20.[9]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 £17425.28;(b) the amount of the prescribed element is £12500.47;(c) the dates of the period to which the prescribed element is attributable are 1 April 2020 to 22 December 2020;(d) the amount by which the monetary award exceeds the prescribed element is £4924.81. Mr. G Malin[10]Mr. G Malin was unfairly dismissed by the respondent.[11]The respondent is ordered to pay the following sums to Mr. G Malin:11.1 A basic award of £4657.50 based on 6 years full service and gross pay of £517.50 per week.11.2 A compensatory award of £3654 based on 9 weeks past loss of earnings of £406 net pay per week.11.3 Compensation for loss of statutory rights in the sum of £350.[12]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 £8661.50;(b) the amount of the prescribed element is £3654;(c) the Case Nos: 1305793/20, 1305832/20, 1306038/20 4.17 Rule 21 judgment – universal template. September 2017 dates of the period to which the prescribed element is attributable are 1 April 2020 to 22 December 2020;(d) the amount by which the monetary award exceeds the prescribed element is £5007.50. Employment Judge Meichen 22 December 2020 Case Nos: V 1305793/20, 1305832/20, 1306038/20 EMPLOYMENT TRIBUNALS Claimants: Mr. D Baker, Mr. D Hill, Mr. G Malin Respondent: Kiely Bros Ltd Heard at: Birmingham (by CVP) On: 30 June 2021 Before: Employment Judge Meichen (sitting alone) Appearances For the claimants: in person For the respondent: Mr A Rhodes, barrister