Mr N Smith-Daniels v Montpellier Land and Developments Ltd: 1401584/2024
JUDGMENT
[1]The Respondent conceded the following claims and I give judgment for the following agreed sums:a. The Respondent is to pay to the Claimant the sum of £2,899 in respect of the claim for holiday pay.b. The Respondent is to pay to the Claimant the sum of £39,414.68 in respect of the claim for unauthorised deduction from wages.c. The Respondent is to pay to the Claimant the sum of £560 in respect of unpaid wages (breach of contract).[2]The complaint of detriment for making a protected disclosure was submitted out of time and it was reasonably practicable for the claim to have been presented within time. The claim is dismissed.[3]The Claimant’s contract was terminated by way of resignation.[4]The complaint of constructive unfair dismissal is well-founded. The Claimant was unfairly dismissed.[5]The complaint of wrongful dismissal is well-founded. The Claimant was entitled to seven weeks’ notice.[6]Compensation for unfair dismissal is to be adjusted as follows: Case number: 1401584/2024a. It is just and equitable to reduce the basic award by 25% because of conduct of the Claimant before the dismissal.b. There is a chance that the Claimant would have been fairly dismissed and any compensatory award should be reduced by 25%.c. The Acas Code of Practice on Disciplinary and Grievance Procedures 2015 applied in relation to the Claimant’s grievance. The Respondent unreasonably failed to comply with it and it is just and equitable to increase any award payable to the Claimant by 15%.d. The Claimant did not cause or contribute to the constructive dismissal by blameworthy conduct.[7]The Respondent breached its duty to give the Claimant a written statement of employment particulars. Approved by: