Mr P Outlaw v Coachstyle Ltd: 1400838/2021
JUDGMENT
[1]The Claimant’s application to amend his claim by adding a complaint of accrued but unpaid holiday pay is refused.[2]The Claimant was unfairly dismissed by the Respondent.[3]The Respondent is ordered to pay the Claimant the total sum of £14,953.11 in respect of his claims. This consists of:a. £12,124.83 for unfair dismissalb. £2,828.28 for wrongful dismissal (please note that this figure has been corrected on recalculation and is different from the figure stated in the hearing). (NB: Please see the attached annex in relation to the fact that some of this needs to be paid immediately and some needs to be retained by the Respondent pending receipt of a recoupment notice).[4]The recoupment provisions applya. Prescribed period: 21/12/2020 to 2/02/2021b. Compensation cap not appliedc. Total award: £14,953.11d. Prescribed element: £7,070.71 (to be retained pending recoupment notice (see annex) with any balance to be paid to the Claimant)e. Balance: £7,882.40 (to be paid immediately) CALCULATION BREAKDOWN[1]Details Date of birth of claimant: 28/08/1972 Date started employment: 29/03/2014 Effective date of Termination (“EDT”): 08/11/2020 Age at effective EDT: 48 Net weekly basic pay: £471.38 Gross weekly basic pay: £602.78 Contractual notice period: 2 weeks Statutory notice period: 6 weeks Complete years’ continuous service: 6 years Remedy hearing date 08/02/2022 Date by which employer should no longer be liable 01/03/2021[2]Basic award 1.5 (relevant multiplier) x 6 (years’ service) x £538 £4,842.00 (gross weekly pay, applying the statutory cap): Total basic award £4,842.00[3]Damages for wrongful dismissal Loss of earnings £2,828.28 Damages period (6 weeks) x net weekly pay (£471.38): Total damages £2,828.28[4]Compensatory award Loss of net earnings £5,656.56 Number of weeks (12 weeks) x net weekly pay (£471.38): Loss of pension (12 weeks x 3% of net weekly pay): £169.70 Total Past losses: £5,826.26 Total loss and adjustments Increase in compensatory award due to respondent's £7,282.83 unreasonable failure to comply with the Acas Code 25% x £5,826.26: Total Compensatory Award £7,282.83 Statutory cap (not applied): £31,344.56 GRAND TOTAL: £14,953.11[5]The recoupment provisions apply Prescribed period: 21/12/2020 to 28/02/2021 Compensation cap not applied Total award: £14,953.11 Prescribed element: £7,070.71 Balance: £7,882.40 First Tier Tribunal Judge Volkmer sitting as