Mr J Parker v Swindon Grab Hire Ltd: 1400148/2022
JUDGMENT
[1]The claim for holiday pay is dismissed on withdrawal by the Claimant.[2]The Respondent breached the Claimant’s contract by dismissing him without the four weeks’ statutory notice due to him under section 86 of the Employment Rights Act 1996. The Tribunal orders the Respondent to pay the Claimant £1,576 as net damages for his notice period under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623) (4 x £450 less £224 received).[3]The claim for unfair dismissal under section 94 of the Employment Rights Act 1996 (ERA) succeeds. The Tribunal orders the Respondent to pay the Claimant compensation for unfair dismissal of £2,585.40, comprising:a. a basic award of £1,305.60 (4 x £544 less 40% contribution for conduct under section 122(2) ERA)b. a compensatory award of £1,279.80 made up of: i. £297 net loss of earnings, i.e. £450 subject to a 10% increase for failure to follow the Acas Code of Practice on Disciplinary and Grievance Procedures under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 Case Number: 1400148/2022 (TULR(C)A) followed by a 40% deduction for contributory conduct under section 123(6) ERA; ii. £330 for loss of statutory rights, i.e. £500 subject to a 10% increase for failure to follow the Acas Code of Practice under section 207A TULR(C)A followed by a 40% deduction for contributory conduct under section 123(6) ERA; iii. £652.80 for failure to provide a written statement of particulars of employment under section 38 of the Employment Act 2002, i.e. 2 x £544 (a week’s pay) subject to a 40% deduction for contributory conduct under section 123(6) ERA.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 (SI 1996/2349) do not apply.