Mr M Pinnington and others v TAL Precision Engineering Ltd: 1400996/2022 and others

EMPLOYMENT TRIBUNALS
Case No 1400996/2022
Mr M Pinnington Mr R Hodges Mr K Savage Mr M ElkingtonClaimantTAL Precision Engineering LtdRespondent
Employment Judge GrayMr Brennan (Sole Director (instructed by the Respondent)) for respondentDate 21 June 2023

JUDGMENT

BY CONSENT the Claimants are awarded the following which are payable by the Respondent: Mr M Pinnington Unpaid wages February 2022- £ 3,456.25 gross March 2022 - £ 2,957.50 gross[3]Unpaid annual leave equivalent to 77.5 hours = £1,356.25 gross Total for unpaid wages and leave = £7,769.98 Plus a 25% ACAS uplift on amounts 1 and 2 = £1,603.44 1 of 3 Constructive unfair dismissal 1. Basic award: £10,608.00 2. Compensatory award: £1,908.64 3. Compensation for loss of statutory rights: £500.00 Total for constructive unfair dismissal = £13,016.64 Mr R Hodges 1. Redundancy pay = £3,393.00 2. Net pay to 25/02/2022 = £1,775.72 Mr K Savage[1]Unpaid Wages for February 2022 (as per pay slip) £1,766.57[2]Unpaid Employee Pension Contribution February 2022 £69.23[3]Unpaid Employer Pension Contribution February 2022 £51.92[4]Unpaid Wages for March 2022 (as per pay slip) £1,744.70 Unpaid Pension Contribution March 2022 £67.86[6]Unpaid Employer Pension Contribution March 2022 £50.90[7]Unpaid Wages for April 2022 (as per pay slip) £842.65 Total Unpaid Wages and Pension Contribution = £4,593.83 Basic Award = 10 years x 1.5 x £507 = £7,605.00[9]Compensatory Award -The Claimant has secured alternate employment from 20/06/2022. Compensation for the period 02/04/2022 to 19/06/2022 = 11 weeks and 2 days @ £507 per week (gross) £5,779.80. In addition, as the Claimant had booked a holiday whilst with the Respondent, but when it is due to be taken the Claimant will not have accrued enough holiday at his new employment, he will need to take this as unpaid. This is 45 hours and will total £664.00. Total Compensatory Award = £6,443.80 Notice Pay 10 weeks at £507 per week = £5,070.00 Loss of Statutory Rights = £500.00 Mr M Elkington[1]Unpaid Wages for February 2022 (as per pay slip) £1,768.04[2]Unpaid Employee Pension Contribution February 2022 £69.20[3]Unpaid Employer Pension Contribution February 2022 £51.90[4]Unpaid Wages for March 2022 (as per pay slip) £1,768.04 Unpaid Pension Contribution March 2022 £69.20[6]Unpaid Employer Pension Contribution March 2022 £51.90[7]Unpaid Wages for April 2022 (as per pay slip) £1,671.39 2 of 3 Total Unpaid Wages and Pension Contribution = £5,449.67 Basic Award = 6 years x 1.5 x £519.23 = £4,673.07[9]Compensatory Award - The Claimant has not yet secured alternate employment and therefore claims for a period of 6 months from the date of departure. Net pay from pay slip for March 2022 - £1768.04. Plus, Employee Pension deduction - £69.20. Total Monthly take home - £1837.24 x 6 = £11,023.44[10]Notice Pay 6 weeks at £519.23 per week = £3,115.38 Loss of Statutory Rights = £500.00