Mr Griffin v Mark Farwell Plant Hire Ltd: 1404040/2022
JUDGMENT
The Judgment of the Tribunal is that: Holiday Pay o By consent the Respondent agrees to pay to the Claimant the sum of £341 gross in lieu of accrued but untaken holiday pay (22 hours x £15.50). Unfair Dismissal o The complaint of unfair dismissal succeeds. The Claimant was dismissed without fair process, as accepted by the Respondent. o The Claimant is awarded a BASIC AWARD of 6.5 x £571 (applying the relevant cap to a weeks pay) = £3,711.50. o However, it is found that there was a fair reason for the dismissal and that dismissal fell within the band of reasonable responses, and that the Claimant would have been fairly dismissed on the 8 December 2022, so the Claimant is awarded a COMPENSATORY AWARD of £1,123.38 which is calculated as follows: Case No. 1404040/2022 Net earnings between the 21 October 2022 and 8 December 2022 (a period of 6.8 working weeks) would be £547.31 net a week plus £18.49 a week employer pension contributions = £565.80 x 6.8 = £3,847.44 of which £2,637.41 net and employer pension contributions of £86.65 (£17.33 x 5) have already been paid totalling £2,724.06. This means the Claimant is due £1,123.38.