Mr J Faulkner v Ray Seager Scaffolding Services Ltd (in creditors voluntary liquidation): 1600645/2023
JUDGMENT
[1]The Claimant’s claim that he was unfairly dismissed by the Respondent is well-founded.[2]The Respondent further failed to provide the Claimant with written particulars of employment as required by s.1 ERA 1996 and a written statement for his dismissal in breach of s.93 ERA 1996. Both claims are well-founded.[3]For the failure to provide written particulars of employment, the Tribunal considers it just and equitable to award the higher amount of four weeks’ pay.[4]The Respondent breached the Claimant’s contract of employment by (a) failing to pay him for one week prior to his dismissal and (b) failing to pay him his statutory notice pay.[5]The Tribunal awards the Claimant the following sums: 1. Wrongful Dismissal/Breach of Contract 1 week of unpaid wages (limited to £109.40 SSP) 9 weeks of statutory notice pay (gross £4140.00 weekly pay being £460.00) between 22nd February 2023 to 29th April 2023 Total Wrongful Dismissal £4249.40 2. Unfair Dismissal Basic Award 9x 460.00 £4140.00 Total Basic Award £4140.00 Compensatory Award – Loss of £2730.00 Earnings from 30th April – 21st June 2023 (7 weeks). Net weekly pay of £390.00. Loss of Employer Pension £234.60 Contributions. £13.80 per week for 17 weeks Loss of Statutory Rights £500.00 Expenses incurred looking for new £40.00 employment Total Compensatory Award £3504.60 Failure to provide written particulars of £1840.00 £1840.00 employment. 4 weeks x £460.00 Failure to provide written statement of £920.00 £920.00 reasons for dismissal. 2 weeks x £460.00 GRANT TOTAL £13,408.64[6]The total amount of the award is £13,408.64. For the purposes of the recoupment provisions:a. The total monetary award is £13,408.64b. The prescribed element is £2964.60c. The prescribed period is 30th April 2023 – 21st June 2023d. The balance between the total monetary award and the prescribed element is £10,444.04[7]The sums for wrongful dismissal/breach of contract are awarded gross and the Claimant is responsible for any income tax or employee national insurance contributions which may become due. I can confirm that this is my judgment in the case numbered above and I have signed the judgment by electronic signature