Mr B Jawneh v G4S Secure Solutions (UK) Ltd: 1401260/2025
JUDGMENT
[1]The respondent’s application to amend the Response and List of Issues to add allegations that the claimant contributed to his dismissal;a. by taking his son to work with him on 24 March 2024, and/ orb. by refusing to take alternative roles in Southampton, is dismissed.[2]The respondent’s application to adduce further documentary evidence at the hearing is dismissed.[3]The claimant’s claim for breach of contract in respect of notice pay is dismissed upon withdrawal.[4]The claim in respect of breach of contract for failing to comply with the disciplinary procedure and the flexible working policy is dismissed.[5]The claimant was unfairly dismissed by the respondent.[6]The basic and contributory awards will be reduced by 35%.[7]The claimant is awarded a basic award of £5834.76[8]The claimant is awarded a compensatory award of £2486.02.[9]For the purposes of the Employment Protection (Recoupment of Benefits) Regulations 1996a. The monetary award is £8320.78b. The prescribed element is £2161.02c. The dates of the period to which the prescribed element is applicable is 14 April 2025 to 10 May 2025.d. The monetary award exceeds the prescribed element by £6159.76.REASONS
Summary reasons were given orally at the hearing. Written summary reasons will not be provided unless requested by any party at the hearing, or by a written request received by the Tribunal within 14 days of the sending of the written record of the decision. If a request is made for summary reasons, the tribunal may, at its discretion, provide full reasons instead. If full written reasons are provided they may be placed online. ANNEX TO THE JUDGMENT (MONETARY AWARDS) Recoupment of Benefits The following particulars are given pursuant to the Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349. The Tribunal has awarded compensation to the claimant, but not all of it should be paid immediately. This is because the Secretary of State has the right to recover (recoup) any jobseeker’s allowance, income-related employment and support allowance, universal credit or income support paid to the claimant after dismissal. This will be done by way of a Recoupment Notice, which will be sent to the respondent usually within 21 days after the Tribunal’s judgment was sent to the parties. The Tribunal’s judgment states:(a) the total monetary award made to the claimant;(b) an amount called the prescribed element, if any;(c) the dates of the period to which the prescribed element is attributable; and(d) the amount, if any, by which the monetary award exceeds the prescribed element. Only the prescribed element is affected by the Recoupment Notice and that part of the Tribunal’s award should not be paid until the Recoupment Notice has been received. The difference between the monetary award and the prescribed element is payable by the respondent to the claimant immediately. When the Secretary of State sends the Recoupment Notice, the respondent must pay the amount specified in the Recoupment Notice to the Secretary of State. This amount can never be more than the prescribed element of any monetary award. If the amount is less than the prescribed element, the respondent must pay the balance to the claimant. If the Secretary of State informs the respondent that it is not intended to issue a Recoupment Notice, the respondent must immediately pay the whole of the prescribed element to the claimant. The claimant will receive a copy of the Recoupment Notice from the Secretary of State. If the claimant disputes the amount in the Recoupment Notice, the claimant must inform the Secretary of State in writing within 21 days. The Tribunal has no power to resolve such disputes, which must be resolved directly between the claimant and the Secretary of State.