Mr N Furneaux v Strasdin Joinery Ltd: 1600560/2020

EMPLOYMENT TRIBUNALS

Case No 1600560/2020

Between

Mr N FurneauxClaimant

Strasdin Joinery LtdRespondent

Before

Employment Judge R Evans

Mr T Wood (instructed by Counsel) for claimant

Date 22 December 2020

JUDGMENT

[1]The Respondent shall pay the Claimant as compensation for unfair dismissal the sum of £17,725.44 as follows: Basic award £13,466.25 Compensatory award £4,259.19

[2]For the purposes of regulation 4 Employment Protection (Recoupment of Benefits) Regulations 1996: The prescribed element is: £1,907.22. The prescribed period is: 31 October 2019 to 31 October 2020. Total monetary award for unfair dismissal: £17,725.44. Excess of total monetary award over prescribed element: £15,818.22. Case No: 1600560/2020

[3]The Respondent shall pay to the Claimant as compensation for wrongful dismissal the sum of £12,274.56 (to be paid net after deductions for tax and national insurance). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by

[1]The Claimant’s complaints of:a. wrongful dismissal/breach of contract (notice pay),

b. unfair dismissal, and

c. failure to provide written statement of employment particulars are all well founded and succeed.

[2]There is:a. a deduction of 10% to the basic award pursuant to section 122(2) Employment Rights Act (ERA) 1996;

b. a 60% deduction pursuant to Polkey v. AE Dayton Services Ltd

[1987] UKHL 8

;

c. an uplift of 10% for the failure to adhere to section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992; and Case No: 1600560/2020

d. a deduction of 20% to the compensatory award pursuant to section 123(6) ERA 1996.

[3]This judgment was made and took effect on 22 December 2020.

[4]The remedy judgment to be set out separately. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by