Mr M Jobe v Mr Z Akbayir T/a Ocean Drive Restaurant: 1400335/2019
JUDGMENT
[1]The correct name of the Respondent is as stated above and the pleadings are amended accordingly.[2]The Claimant was dismissed by reason of redundancy and is entitled to a statutory redundancy payment from the Respondent pursuant to section 139 of the Employment Rights Act 1996 (“the Act”) in the sum of £1,500 calculated as follows:- ( 5 x gross weekly salary of £300 per week = £1,500).[3]The Claimant was unfairly dismissed by the Respondent contrary to section 98 (4) of the Act. The Claimant is awarded and the Respondent is ordered to pay to him a compensatory award of £528 calculated as follows: - (one week’s net salary for period of consultation in the sum of £264 plus one further week’s net salary of £264 for loss of statutory rights).[4]The Claimant was wrongfully dismissed (in breach of contract in respect of notice) and the Claimant is awarded and the Respondent is Case no 1400335/2019 ordered to pay the Claimant damages in the net sum of £1,056 calculated as follows :- ( 4 x week’s net salary of £264 = £1,056).[5]The Claimant is therefore awarded and the Respondent is ordered to pay to the Claimant the total sum of £ 3,084 (£1,500 +£528 +£1,056).[6]The Claimant’s complaint of unlawful deductions from pay contrary to section 13 of the Act (in respect of holiday pay) is dismissed.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply in this case.