Mr CS Gandhok v Mann Freightways Ltd: 1306438/2024
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well-founded, and I declare that the claimant was unfairly dismissed by the respondent. I order the respondent to pay compensation to the claimant in the following amount: The basic award: £674.00 x 1.5 x 2 = £2,022.00.[2]The compensatory award:(1) loss of earnings for 11 days - £109.88 x 11 = £1,208.68 and(2) for loss of statutory employment rights the sum of £500.00. The total compensatory award is £1,708.68.[3]Therefore, the total amount payable by the respondent to the claimant for unfair dismissal is £3,730.68.[4]Recoupment of benefits does not apply as the claimant did not receive any state benefits. 2. The claimant’s claim for damages for breach of contract over the failure on the part of the respondent to give notice or payment in lieu thereof is well-founded and succeeds. However, I make no award of damages to be paid because it would have been a duplication of the compensation for unfair dismissal. 3. The claimant’s claim for unlawful deduction from wages is well-founded. I order the respondent to pay the claimant compensation in the sum of £674.00 gross. 4. The claimant’s claim for holiday pay is not well-founded and is dismissed.[5]The total payable by the respondent to the claimant is £4,404.68. Approved by Judge Dimbylow on 22 July 2025 Notes:(1) 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 (and no such request was made) or a written request is presented by either party within 14 days of the sending of this written record of the decision.(2) I would draw the attention of the parties to a difference in the figure for the basic award which I gave in my oral judgment. The amount in the written judgment is the correct figure.(3) All judgments and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant and respondent.(4) Recording and Transcription(5) Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here:(6) https://www.judiciary.uk/guidance-and-resources/employment-rules-andlegislation-practice-directions/