Mr K Aston v RM Motor Engineers Ltd T/a The Garage Howden: 1802554/2022

EMPLOYMENT TRIBUNALS
Case No 1802554/2022
Mr K AstonClaimantRM Motor Engineers Ltd T/a The Garage HowdenRespondent
Employment Judge K ArmstrongMs L Aston (instructed by lay representative) for claimantNot represented for respondentDate 6 February 2023

JUDGMENT

[1]The respondent made unauthorised deductions from the claimant’s wages in the sum of £223.43 and shall compensate him accordingly. This is a net figure.[2]The claimant was automatically unfairly dismissed for assertion of a statutory right, within the meaning of of s.104 Employment Rights Act 1996. 2.1. The respondent shall pay to the claimant a compensatory award of £10,686. 2.2. This shall be uplifted by 25% for breach of the ACAS code of practice on disciplinary and grievance procedures, in the further sum of £2,671.50[3]The respondent discriminated against the claimant within the meaning of s.13 Equality Act 2010 by treating him less favourably than others because of his age. 3.1. The respondent shall pay the claimant a compensatory award for injury to feelings in the sum of £6,000. 3.2. The respondent shall pay interest on the injury to feelings award at the rate of 8% per annum from 21 February 2022 to 6 February 2023, in the sum of £461. Case No. 1802554/2022[4]The respondent failed to provide to the claimant a written statement of initial employment particulars and it is just and equitable to award the higher amount therefore the respondent shall pay to the claimant the further sum of £1,560 by virtue of s.38 Employment Act 2002.