Mr M Burnside v Whitelock Developments Ltd: 1807610/2023
JUDGMENT
[1]The Respondent has failed to present a response to this claim and it appears to me that a determination can properly be made of it on the information available.[2]The Claimant’s complaints of unfair dismissal and wrongful dismissal and his claim for pay in lieu of accrued but untaken holiday are well-founded and succeed.[3]The Respondent shall pay the Claimant the following sums:3.1 Notice pay: £5250 [calculated gross to reflect the likelihood that the Claimant will have to pay tax on it as post-employment notice pay; 7 x £750]3.2 Basic award for unfair dismissal: £6751.50 [based on the capped figure for weekly pay of £643, 7 complete years’ service and age at dismissal 54 years old]3.3 Compensatory award for unfair dismissal: £3490 [calculated using the net equivalent of £598 for a week’s pay, starting from end of notice period to avoid double recovery gives 5 additional weeks’ loss = 5 x £598, plus £500 loss of statutory rights]3.4 No ACAS uplift payable because there was no disciplinary or grievance process.[4]The total sum payable is therefore £15,491.50. If any tax is payable, the Claimant is responsible for paying it.[5]The Claimant has not included any sum for payment in lieu of accrued but untaken holiday in his calculation. Case Number: 1807610/2023