Mr M Sinnott v Bentley West End Sports and Social Club Ltd: 1808929/2023
JUDGMENT
[1]The Claimant’s complaint of unfair dismissal was not presented within the time limit in s111 Employment Rights Act 1996. The Tribunal does not have jurisdiction to hear it and it is dismissed.[2]The Claimant’s complaints of being subjected to detriment for making a protected disclosure relating to:2.1 having cover shifts removed from him in August 2023; and2.2 being sent a letter about his timekeeping and performance in November are well-founded and succeed.[3]The Claimant’s remaining complaints of being subjected to detriment for making a protected disclosure are not well-founded and are dismissed.[4]When this claim was presented the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make and award of 2 weeks’ pay inequitable. It is not just and equitable to award 4 weeks’ pay.[5]The detrimental treatment caused the Claimant’s resignation but the Claimant did not take reasonable steps to mitigate his losses. If he had done so, he would have obtained equivalent work within 6 weeks. 1 of 2 Case Number: 1808929/2023[6]The Respondent shall therefore pay the Claimant:6.1 Wages for the cover shifts that were taken off him: £125.046.2 Wages for the 6 week period it would have taken him to find work, plus a 2 week uplift for the failure to provide a written statement of employment particulars: £333.446.3 Compensation for injury to feelings: £2,200[7]The total payable is therefore £2,658.48.