Mr D Lindley v Aztec AVA Ltd: 1404313/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Claimant has received a statutory redundancy payment and the tribunal therefore makes no basic award for unfair dismissal. The Respondent shall pay the Claimant a compensatory award of £1,069.36, which represents two weeks’ net loss of earnings for the additional period that a fair redundancy dismissal procedure would have taken. Recoupment does not apply. Failure to provide written statement of employment particulars[3]When the proceedings began, the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars.[4]There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002, the Respondent shall therefore pay the Claimant £1,286 (two weeks’ gross pay, subject to the statutory cap of £643 per week for 2023/24). 10.2 Judgment – rule 61 Case Number: 1404313/2023