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