Mr C Evans v Mitie Security Ltd: 1401715/2018
JUDGMENT
[1]The Respondent unfairly dismissed the Claimant and subjected him to a detriment as a part-time worker, subject to Regulation 5 of the Part-Time Worker Regulations 2000.[2]The Respondent breached the ACAS Code in respect of the handling of the Claimant’s grievance.[3]The Claimant’s claims of automatic unfair dismissal, subject to regulation 7 of the TUPE Regulations and detriment subject to regulation 7 of the Part-Time Worker Regulations, fail and are dismissed.[4]The Respondent is ordered to pay the Claimant the sum of £4274.71, as set out in the attached Schedule, subject to recoupment. The prescribed period is from 17 February 2018 to 17 August 2018 and the prescribed element is £3920.81. Employment Judge C H O’Rourke Date: 21 November 2019 ……………………………………………………. Schedule Basic award £52.02 Compensatory award Prescribed element Net average wages of £157.32 per week from 17/02/2018 To 17/08/2018 (number of weeks – 26): 26 x £157.32 = £4,090.32 Less Additional payment in lieu of notice, to 16/03/2018 (£680.92) Sub-total £3,409.40 Increase under Section 124A ERA of 15% £511.41 Prescribed element total £3,920.81 Non-prescribed element Loss of statutory rights £262.50 Increase under Section 124A ERA of 15% £39.38 Non-prescribed element total £301.88 GRAND TOTAL £4,274.71