Mr S Clarke v TF Social Ltd (In creditors voluntary liquidation): 1804445/2022
JUDGMENT
[1]The complaint that the respondent made an unauthorised deduction from the claimant’s wages stands dismissed.[2]The complaint that the respondent failed to pay to the claimant accrued holiday pay stands dismissed. 3. 3.1. The claimant was wrongfully dismissed by the respondent. The contract of employment was summarily terminated on 27 June 2022 in circumstances where he was entitled to one month’s notice of termination. 3.2. The respondent shall pay to the claimant damages for wrongful dismissal in the sum of £2083.00 (being one month’s gross wages). 4. 4.1. The respondent unfairly dismissed the claimant. Accordingly: 4.2. The respondent shall pay to the claimant a basic award in the sum of £961.40. 4.3. The respondent shall pay to the claimant a compensatory award in the sum of £4168.18 calculated as follows: 1 Case No: 1804445/2022(1) Loss of earnings from the expiry of the notional notice period to 15 September 2022 when the claimant acquired new employment (being 1.5 months in total) - £3124.50(2) Compensation for loss of the statutory right not to be unfairly dismissed - £500.00(3) Uplift for failure to comply with the Acas Code of Practice: Disciplinary and Grievance Procedures @ 15% of the sums in 4.3(1) and 4.3(2) - £543.68[5]The respondent failed to comply with the obligation in Part I of the Employment Rights Act 1996 to furnish the claimant with a statement of employment particulars. Accordingly, pursuant to section 38 of the Employment Act 2002 the respondent shall pay to the claimant two weeks’ wages in the sum of £961.40.[6]The respondent shall pay to the claimant the total sum of the amounts in paragraphs 3, 4, 5 and 6 in the sum of £8,173.98. This sum shall be paid on or before 6 January 2023.