Mr S Blackwell v Lee Dean T/a The Old Harrow: 1805054/2018
JUDGMENT
[1]The claimant was unfairly dismissed.[2]However if a fair procedure had been followed there was a 25% chance that he would have been fairly dismissed.[3]Further the claimant contributed to the dismissal to the extent of 25%.[4]Accordingly the compensation awarded to the claimant has been subjected to a 50% reduction.[5]The claimant was wrongfully dismissed.[6]The claimant was contractually entitled to be paid for 34.5 hours per week. However for the last 8 weeks employment he was only paid for 30 hours and so his complaint of an unauthorised deduction from wages succeeds.[7]In respect of unfair dismissal the claimant is entitled to a basic award of £2489.17 and a compensatory award of £1872.63 - the calculation of which is set out in the schedule below.[8]In respect of wrongful dismissal the claimant is awarded damages of £2953.08 (see schedule).[9]In respect of unauthorised deduction from wages the claimant is awarded the sum of £280.80.[10]The Recoupment Regulations do not apply.[11]Accordingly the Respondent will pay to the claimant forthwith the total amount of £7595.68. SCHEDULE Unfair dismissal Basic Award Claimant aged 48 at EDT with 15 complete years service. Gross weekly pay £269.10 18.5 x £269.10 = £4,978.35 Less 50% ________ (25% Polkey; 25% contribution) £2,489.17 Compensatory Award Loss of earnings 6 March 2018 (end of notice period) to 30 April 2018 (new job) 8 weeks at £246.09 net p.w. £1,968.72 Less 50% £ 984.36 Loss of long notice period 6 weeks (half of 12 week entitlement) 6 x £246.09 £1,476.54 Less 50% ________ £ 738.27 Loss of statutory rights - £300 Less 50% _________ £ 150.00 Wrongful Dismissal Damages – 12 weeks @ £246.09 £2,953.08 Unauthorised Deduction from Wages 8 weeks of shortfall @ £35.10 per week £ 280.80 Total £7,595.68