Mr J Robinson v Empire Elevators Ltd: 1807132/2020
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is well founded and succeeds. The Respondent is ordered to pay to the Claimant compensation for unfair dismissal in the sum of £5434.36, comprising a basic award of £540 and a compensatory award of £4894.36. The compensatory award consists of £3949.02 for loss of earnings, £140.40 for loss of pension, £360 for loss of statutory rights and a 10% uplift for the Respondent’s failure to follow the ACAS Code of Practice on disciplinary and grievance procedures of £444.94.[2]The Respondent was in breach of its duty to provide the Claimant with a written statement of particulars of employment pursuant to Section 1(1) of the Employment Rights Act 1996. The Respondent is ordered to pay an additional £720 (2 weeks’ pay) to the Claimant pursuant to Section 38 of the Employment Act 2002.[3]Recoupment may apply to this award. For the purposes of Regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996 (SI 1996/2349) the Prescribed Element is £3949.02; the Prescribed Period is 15 Case No. 1807132/2020 (V) October 2020 to 4 January 2021; the total monetary award is £6154.36; the excess of the total monetary award over the Prescribed Element is £2205.34.[4]The Claimant was wrongfully dismissed. The Claimant was entitled to 3 weeks’ notice but the Tribunal makes no separate award of damages because of the principle against double recovery.[5]The Claimant’s claim for compensation in respect of accrued but untaken annual leave (holiday pay) is dismissed upon withdrawal by him.[6]The Claimant’s claim for arrears of pay is dismissed upon withdrawal by him. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V - video. It was not practicable to hold a face to face hearing because of the Covid19 pandemic and all issues could be determined in a remote hearing.