Mr J Hoyle v Channel Solutions Resource Ltd: 1800100/2020

EMPLOYMENT TRIBUNALS
Case No 1800100/2020
Mr J HoyleClaimantChannel Solutions Resource LimitedRespondent
Employment Judge D N JonesMiss L Halsall (instructed by Counsel (instructed by Stewart and Co) for claimantDate 5 August 2020

JUDGMENT

The Claimant’s complaints that he was not provided with a S.1 Statement of Particulars of Employment and that he was not offered the right to be accompanied, are dismissed following a withdrawal by the Claimant. The claimant’s remaining claim will proceed to hearing on 28th & 29th July 2020. Employment Judge D N Jones 28 May 2020 Case No: 1800100/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Hoyle Respondent: Channel Solutions Resource Limited HELD AT: Sheffield ON: 28 and 29 July 2020 BEFORE: Employment Judge Little REPRESENTATION: Claimant: Miss L Halsall of Counsel (instructed by Stewart and Co Solicitors) Respondent: Ms C Atkinson, Contracts Manager JUDGMENT My Judgment is that:-[1]The claimant was dismissed (enforced resignation).[2]That dismissal was unfair.[3]It is just and equitable to apply an uplift of 25% to the compensation to be awarded to the claimant under the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992, section 207A.[4]By way of interim remedy award the claimant is entitled to a basic award in the amount of £326.92 and there is, to reflect the uplift, the further amount of £81.73 thereon. By way of interim award for compensatory matters the claimant is awarded £300 for loss of statutory rights with an uplift of £75.00.[5]Accordingly at this stage the respondent will pay to the claimant forthwith the sum of £783.65.[6]The balance of the compensation award will be assessed (if not agreed) once the claimant has provided further documentary evidence (see Case Management Order of even date). Case No: 1800100/2020 2[7]The further compensatory award will be determined taking into account the following principles or findings: 7.1. The period for immediate loss is 17 October 2019 (effective date of termination) to 29 July 2020, a period of 40 weeks and the pay which the claimant would have received if not dismissed was £286.09 net per week. 7.2. The claimant will be awarded future loss for a period of 16 weeks. 7.3. No contribution or Polkey reduction applies. 7.4. The Recoupment Regulations do not apply. 7.5. The uplift under the 1992 Act will be applied to the further sums awarded.