Mr S Hakin v Accent Menswear Ltd and others: 1804042/2023
JUDGMENT
[1]All claims against the Third Respondent are dismissed on withdrawal by the Claimant.[2]The complaints of age-related harassment against the First and Second Respondents are dismissed on withdrawal by the Claimant.[3]The response of the Second Respondent to the complaints of unfair dismissal (liability), failure to pay notice pay in breach of contract, failure to pay for accrued but untaken holiday, and entitlement to a redundancy payment has no reasonable prospect of success and is struck out pursuant to Employment Tribunal Rule 37.[4]Pursuant to Employment Tribunal Rule 21:4.1 The complaint of unfair dismissal against the Second Respondent is wellfounded and succeeds. The remedy payable by the Second Respondent for unfair dismissal will be determined at a hearing.4.2 The complaint of failure to pay notice pay in breach of contract against the Second Respondent is well-founded and succeeds. The Second Respondent shall pay the Claimant £4,780.56.4.3 The complaint of failure to pay for accrued but untaken holiday against the Second Respondent is well-founded and succeeds. The Second Respondent shall pay the Claimant £637.40.4.4 The Claimant is entitled to a redundancy payment. The Second Respondent shall pay the Claimant £11,951.40.[5]These are gross sums. If any tax or national insurance is payable in respect of notice pay or holiday pay, the Claimant is responsible for paying it. Case Number: 1804042/2023