Mr A Gallagher v Dr F Bajwa T/a Bajwa and Co Solicitor: 2203759/2019
JUDGMENT
[1]The name of the respondent is amended to Dr Farooq Bajwa trading as Bajwa and Co Solicitors Ltd, further service dispensed with.[2]The respondent failed to comply with case management orders made on 05 February 2021, and, as a result of the failure to comply with the order to provide documents set out in paragraph 5a of those orders, the respondent’s response is struck out in accordance with rule 37(1)(a), (b), and (e) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, Schedule 1.[3]The claimant’s claim of unfair dismissal brought under Part X of the Employment Rights Act 1996 is well founded and succeeds.[4]The respondent was in breach of contract by dismissing the claimant without notice.[5]The claimant did not contribute to his own dismissal.[6]The respondent failed to follow the ACAS Code of Practice on disciplinary procedures. A 25% uplift is therefore attached to the compensatory award and damages for breach of contract.[7]The respondent is ordered to pay to the claimant:a. Compensation for unfair dismissal in the sum of £33,097.78, comprising(i) a basic award of £2,100 and(ii) a compensatory award of £30,997.78;b. Damages for breach of contract of £2,855.56. 1 of 3[8]For the purposes of regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996 (SI 1996/2349): The Prescribed Element is: £28,054.58; The Prescribed Period is: 25 July 2019 – 27 May 2021; The total monetary award is: £35,953.34; The excess of the total monetary award of the Prescribed Element is: £7,898.76.[9]The claimant has made an application for costs pursuant to rule 76 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, which will be served with this Judgment. The respondent is ORDERED within 21 days of the date that this judgment and Order is sent to him to send written representations on the application for costs. Unless the respondent sets out an objection within his written representations, whereupon a decision as to whether to have a hearing on the application for costs will be made by an Employment Judge, the application for costs will be determined without a hearing.