Mr B Tam v BE Foods Ltd: 1600001/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded.[2]The complaint of unlawful deductions from wages contrary to s 13 Employment Rights Act 1996 and presented pursuant to s 23 Employment Rights Act 1996 is well-founded[3]The claim for holiday pay is not well-founded and is dismissed.[4]The claim for breach of contract (notice pay) is well-founded.[5]The claim under s 38 Employment Act 2002 (failure to provide written statement of employment particulars) is dismissed upon withdrawal.[6]The Respondent is ordered to pay to the Claimant the following sums in respect of unfair dismissal:a. £1,427.50 (basic award)b. £3,056.12 (compensatory award)c. £305.61 (10% uplift on compensatory award for unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures:d. £500 (loss of statutory rights)[7]No separate award is made in respect of notice pay.[8]The Respondent is ordered to pay to the Claimant the following sum in respect of unlawful deductions from wages: £9,784.01[9]The total payable by the Respondent to the Claimant is £15,073.24