Mr D Brady v Mr M Skinner and Mr M Dickinson T/a Yorkshire Farmers Meat Company: 1805190/2021
EMPLOYMENT TRIBUNALS
Case No 1805190/2021
Between
Mr D BradyClaimantMr M Skinner and Mr M Dickinson T/a Yorkshire Farmers Meat CompanyRespondent
Before
Employment Judge PayneDate 26 May 2022
JUDGMENT
[1]The name of the Respondent is corrected to Mr Mark Skinner and Mr Mark Dickinson, trading as Yorkshire Farmers Meat Company.[2]The claim for unfair dismissal is well founded and succeeds.[3]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. In the circumstances, it is considered just and equitable to uplift the compensatory award by 25%.[4]A reduction of 20% is made to the basic award under s122 of the Employment Rights Act 1996.[5]A 20% reduction in the compensatory award for unfair dismissal will be made under the principles in Polkey v A E Dayton Services Limited 1988 ICR 142.[6]A further reduction of 20% is made to the compensatory award under s123 of the Employment Rights Act 1996, making a total reduction to the compensatory award of 40%.[7]The Claimant’s complaint of breach of contract is well-founded and the Case No 1805190/2021 Respondent is ordered to pay £3,480 gross to the Claimant, that being 8 weeks of salary at the weekly gross pay agreed by the parties of £435 per week.[8]The Respondent made unlawful deductions from the Claimant’s wages in respect of one day of holiday leave owed at the end of his employment, and is ordered to pay the sum of £87 gross to the Claimant. That being calculated by taking the agreed gross weekly pay of £435 and dividing it by 5 days worked, giving £87 gross per day.[9]Remedy for Unfair Dismissal is adjourned to a hearing on 10 November 2022.