Mr A Mani v AD Metal Spinners Ltd: 1404914/2018
JUDGMENT
[1]The claim of wrongful dismissal is not well founded.[2]The claim of unfair dismissal is well founded.[3]The claimant is entitled to a basic award for unfair dismissal. He would normally be entitled to a basic award of £1,020.00, but this is reduced by 50% by virtue of section 122(2) of the Employment Rights Act 1996. The tribunal therefore declares that the claimant is entitled to a basic award of £510.00.[4]The tribunal orders the respondent to pay the claimant a compensatory award for unfair dismissal of £640.00. This is made up as follows:a. £350.00 is awarded for loss of statutory rights.b. Loss of earnings of £290.00 representing one week’s net wages, on the basis that if a fair procedure had been followed, the claimant could have been fairly dismissed within approximately Case Number: 1404914/2018 one week. No compensation falls to be paid for further loss of earnings.[5]The claim for unpaid holiday pay, outstanding at termination, is well founded.[6]The tribunal orders the respondent to pay the claimant £238.00 as compensation for outstanding holiday pay.[7]The sum ordered in paragraph 6 above is ordered gross, and may be liable for lawful deductions for tax and national insurance.