Mr J Dagostin v Stoner Concrete Ltd: 1400185/2019
JUDGMENT
[1]The complaints for unpaid holiday pay, outstanding wages and for breach of contract for notice pay, are dismissed on withdrawal by the Claimant.[2]The Claimant’s claim for unfair dismissal succeeds.[3]The Respondent is ordered to pay to the Claimant the following:a. A Basic Award amounting to £1,218.75 (based on the Claimant having 2 years of complete service x 1.5 (as the Claimant was aged 53 at the date of dismissal (5 October 2018)) x £406.25).b. A Compensatory Award amounting to £4,066.74, which includes: i. Loss of earnings from the date of dismissal to the date of this hearing = £2,458.40 ii. Loss of statutory employment rights = £500 Case No. 1400185/2019 iii. A 10% uplift to i and ii above for failure to follow the ACAS code = £295.84 iv. an award for two weeks’ pay made pursuant to Section 38 of the Employment Act 2002 (£406.25 x 2 = £812.50).