Mr D Sumnall v Body Power Ltd: 1305798/2020
JUDGMENT
[1]All claims against Body Power (Holdings) Limited are dismissed upon withdrawal.[2]The following claims against Body Power Limited are dismissed upon withdrawal by the claimant:2.1 breach of contract in the form of failure to pay notice pay2.2 breach of contract in the form of a failure to account for employer’s pension contributions2.3 breach of s.10 Employment Relations Act 1999. Employment Judge Connolly 09 September 2020 Case number: 1305798/20 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Mr David Aaron Sumnall Respondent: Body Power Ltd Heard at: Birmingham (by CVP) On: 17 and 18 March 2022 Before: Employment Judge Meichen (sitting alone) Appearances For the claimant: in person For the respondent: no appearance or representation[1]The claimant’s claims of failure to pay holiday pay and commission are dismissed following withdrawals of those claims by the claimant.[2]The claimant was unfairly dismissed by the respondent.[3]The claimant did not contribute to his dismissal by any blameworthy conduct.[4]There was no percentage chance that the claimant could have been fairly dismissed.[5]The respondent unreasonably failed to comply with the ACAS code and an uplift of 20% has been made to the compensatory award to reflect that.[6]The claimant did not unreasonably fail to mitigate his loss.[7]The respondent is ordered to pay the claimant the following subject to the recoupment provisions:a. A basic award of £968.99. This was calculated on the basis of the claimant’s two years’ service and gross pay of £2083.33 per month.b. A compensatory award of £11865.60. Case number: 1305798/20 2 of 2 This was calculated as follows: 6 months loss of net pay (6 x 1648) plus 20% increase for the respondent’s failure to follow the ACAS code.[8]The respondent is also ordered to pay the claimant £350 for loss of statutory rights.[9]The grand total to be paid by the respondent to the claimant, subject to the recoupment provisions, is £13184.59.[10]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 £14079.96;(b) the amount of the prescribed element is £11865.60;(c) the dates of the period to which the prescribed element is attributable are 27 December 2019 to 18 March 2022;(d) the amount by which the monetary award exceeds the prescribed element is £2214.36. Employment Judge Meichen 18 March 2022 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.