Mr R Tattersdale v Brookes Mechanical Ltd: 1808779/2023
JUDGMENT
[1]In accordance with Rule 47 of Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, I decided to proceed with the hearing in the absence of the Respondent.[2]The Claimant has been unfairly dismissed contrary to section 98 of the Employment Rights Act 1996. This claim is well-founded and succeeds.[3]The Respondent did unreasonably fail to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. It is just and equitable to award an uplift to the compensatory award of 15%.[4]The Claimant is entitled to a:a. basic award of £4,822.50; andb. compensatory award of £19,780.43.[5]As the figure for the compensatory award differs from that given during my oral judgment, to assist the parties, it has been calculated as follows:a. Immediate loss of earnings: £8,109.33;b. Future loss of earnings: £7,114.64;c. Loss of employer pension contributions: £1,526.40;d. Loss of statutory rights: £450; ande. 15% uplift due to the Respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures: £2,580.06.[6]The Claimant has suffered an unauthorised deduction from his wages, contrary to section 13 of the Employment Rights Act 1996, in respect to holiday pay due to be paid to him on the termination of his employment. This claim is wellfounded and succeeds. The Respondent is ordered to pay the gross sum of £1,512.[7]The Claimant’s claim for breach of contract pursuant to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994/1623 is well-founded and succeeds in respect to the Claimant’s entitlement to notice pay and his entitlement to a payment for unpaid expenses. The Respondent is ordered to pay the gross sum of £8,338.25[8]The Claimant is responsible for the payment of any income tax and/or national insurance contributions that may be due on these sums.[9]The Recoupment Provisions do not apply.