Mr N Pugh v Any Colour Coatings Ltd: 1404754/2021
JUDGMENT
ON REMEDY following promulgation of a Default Judgment[1]The Respondent presented no Response to the Claimant's claims in these proceedings. On 15 March 2022 the parties were notified that a Default Judgment within the terms of Rule 21 of The Employment Tribunals Rules of Procedure 2013 had been promulgated with remedies to be quantified at this hearing. These have been determined by the Tribunal as follows.[2]The Claimant was unfairly dismissed by the Respondent for which the Respondent shall pay the Claimant a basic aware of £5,791.50 which shall be uplifted by a further £1,447.88 for the Respondent's failure to follow Acas Code of Practice 1. The total of this award is £7239.38.[3]The Respondent shall pay damages to the Claimant in the sum of £3,228 which shall be uplifted by the sum of £832 for the Respondent's failure to follow the Acas Code of Practice 1 for its failure to pay the Claimant monies in lieu of notice due to him on its summary termination of his employment. The total of this award is £4,060.[4]The Respondent directly discriminated against the Claimant by reason of his disability and the Claimant is awarded the sum of £7,500 for injury to feelings which shall be increased by a sum of £1,875 for the Respondent's failure to follow the Acas Code of Practice 1 and interest on that award of £928.77. The total of this award is £10,303.77.[5]The Respondent shall pay the Claimant the sum of £772.20 for its unlawful deduction of wages from the Claimant for the period from 1 – 11 October Case No: 1404754/2021 2021.[6]The Respondent shall pay the sum of £3,397.68 to the Claimant for accrued holiday pay due to him and unpaid by the Respondent for holiday years 2020 and 2021.[7]The Recoupment Regulations do not apply to any of these awards.