Mr J Pauls v Tyrrell and Green Ltd: 1401698/2018

EMPLOYMENT TRIBUNALS
Case No 1401698/2018
Mr J PaulsClaimantTyrrell and Green LtdRespondent
Employment Judge GardinerIn person for claimantNot represented for respondentDate 21 September 2018

JUDGMENT

[1]The Claimant’s claim for failure to pay him the correct notice pay succeeds in that the Claimant was entitled to be paid four weeks notice pay, and was only paid one week’s notice pay. The Respondent is to pay the Claimant the sum of £1442.25, calculated as 15 days x £96.15.[2]The Respondent refused the Claimant’s request that he be accompanied at his dismissal meeting, contrary to Section 10 of the Employment Relations Act 1999. By way of remedy, the Respondent is to pay the Claimant two weeks’ pay, namely £961.50.[3]The Respondent failed to follow the ACAS Code of Conduct on Disciplinary and Grievance Procedures. By reason of Section 207A of the Trade Union and Labour Relations Consolidation Act 1992, there should be a 25% increase in the sums payable to the Claimant for this failure, which amounts to £600.94. This is calculated as (£1442.50 + £961.50) x 25%[4]Accordingly, the total amount payable by the Respondent is £1442.25 + £961.50 + £600.93 = £3004.69. Case No: 1401698/2018 2 Employment Judge Gardener ____________________________ 21 September 2018 Case No: 1401698/2018 1 EMPLOYMENT TRIBUNALS Claimants: Mr J Pauls Respondent: Tyrrell and Green Limited Heard at: Southampton On: 21 September 2018 Before: Employment Judge Gardiner Mr J Shah Mr NA Knight Representation: Claimant: In person Respondent: No attendance[1]The Claimant’s claim for failure to pay him the correct notice pay succeeds in that the Claimant was entitled to be paid four weeks notice pay, and was only paid one week’s notice pay. The Respondent is to pay the Claimant the sum of £1442.25, calculated as 15 days x £96.15.[2]The Respondent refused the Claimant’s request that he be accompanied at his dismissal meeting, contrary to Section 10 of the Employment Relations Act 1999. By way of remedy, the Respondent is to pay the Claimant two weeks’ pay, namely £961.50.[3]The Respondent failed to follow the ACAS Code of Conduct on Disciplinary and Grievance Procedures. By reason of Section 207A of the Trade Union and Labour Relations Consolidation Act 1992, there should be a 25% increase in the sums payable to the Claimant for this failure, which amounts to £600.94. This is calculated as (£1442.50 + £961.50) x 25%[4]Accordingly, the total amount payable by the Respondent is £1442.25 + £961.50 + £600.93 = £3004.69. Case No: 1401698/2018 2 Employment Judge Gardener ____________________________ 21 September 2018 Case No: 1401698/2018 1 EMPLOYMENT TRIBUNALS Claimants: Mr J Pauls Respondent: Tyrrell and Green Limited Heard at: Southampton On: 21 September 2018 Before: Employment Judge Gardiner Mr J Shah Mr NA Knight Representation: Claimant: In person Respondent: No attendance[1]The Claimant’s claim for failure to pay him the correct notice pay succeeds in that the Claimant was entitled to be paid four weeks notice pay, and was only paid one week’s notice pay. The Respondent is to pay the Claimant the sum of £1442.25, calculated as 15 days x £96.15.[2]The Respondent refused the Claimant’s request that he be accompanied at his dismissal meeting, contrary to Section 10 of the Employment Relations Act 1999. By way of remedy, the Respondent is to pay the Claimant two weeks’ pay, namely £961.50.[3]The Respondent failed to follow the ACAS Code of Conduct on Disciplinary and Grievance Procedures. By reason of Section 207A of the Trade Union and Labour Relations Consolidation Act 1992, there should be a 25% increase in the sums payable to the Claimant for this failure, which amounts to £600.94. This is calculated as (£1442.50 + £961.50) x 25%[4]Accordingly, the total amount payable by the Respondent is £1442.25 + £961.50 + £600.93 = £3004.69. Case No: 1401698/2018 2 Employment Judge Gardener ____________________________ 21 September 2018 Case No: 1401698/2018 1 EMPLOYMENT TRIBUNALS Claimants: Mr J Pauls Respondent: Tyrrell and Green Limited Heard at: Southampton On: 21 September 2018 Before: Employment Judge Gardiner Mr J Shah Mr NA Knight Representation: Claimant: In person Respondent: No attendance[1]The Claimant’s claim for failure to pay him the correct notice pay succeeds in that the Claimant was entitled to be paid four weeks notice pay, and was only paid one week’s notice pay. The Respondent is to pay the Claimant the sum of £1442.25, calculated as 15 days x £96.15.[2]The Respondent refused the Claimant’s request that he be accompanied at his dismissal meeting, contrary to Section 10 of the Employment Relations Act 1999. By way of remedy, the Respondent is to pay the Claimant two weeks’ pay, namely £961.50.[3]The Respondent failed to follow the ACAS Code of Conduct on Disciplinary and Grievance Procedures. By reason of Section 207A of the Trade Union and Labour Relations Consolidation Act 1992, there should be a 25% increase in the sums payable to the Claimant for this failure, which amounts to £600.94. This is calculated as (£1442.50 + £961.50) x 25%[4]Accordingly, the total amount payable by the Respondent is £1442.25 + £961.50 + £600.93 = £3004.69. Case No: 1401698/2018 2