Mr D Helm and Ms E Gavin v Liongate Securities LLP: 2207742/2020 and 2207769/2020
JUDGMENT
[1]The claims are consolidated;[2]The name of the Respondent in claim number 2207742/2020 is amended to Liongate Securities LLP;[3]The claims of unfair dismissal are dismissed as the Tribunal does not have jurisdiction to hear them because the Claimants were employed by the Respondent for less than two years ending with the effective date of termination, contrary to the service requirement at section 108 Employment Rights Act 1996 (“ERA”);[4]The claims of unauthorised deductions from wages pursuant to section 13 ERA are well founded. The Respondent unreasonably failed to comply with the ACAS Code of Practice on Grievances at Work (“ACAS Code”). The gross sums payable to the Claimants are increased by 25% pursuant to section 207A Trade Union and Labour Relations (Consolidation) Act 1992 (“TULR(C)A”). The Respondent is therefore ordered to pay the Claimants the following gross sums:a. In respect of the First Claimant (Mr Helm): £25,563.45 (£20,450.76 x 25%);b. In respect of the Second Claimant (Ms Gavin): £24,885.90 (£19,908.72 x 25%).[5]The claim for holiday pay accrued but unpaid on termination, pursuant to regulation 14 Working Time Regulations 1998 is well founded. The gross sums payable to the Claimants are increased by 25% pursuant to section 207A TULR(C)A due to the Respondent’s unreasonable failure to comply with the ACAS Code. The Respondent is therefore ordered to pay the Claimants the following gross sums:a. In respect of the First Claimant (Mr Helm): £8,293.28 (£6,634.62 x 25%);b. In respect of the Second Claimant (Ms Gavin): £8,293.28 (£6,634.62 x 25%).[6]The Respondent was in breach of contract by dismissing the Claimants without notice. The gross sums payable to the Claimants for unpaid notice (of £12,500 each) are increased by 25% pursuant to section 207A TULR(C)A due to the Respondent’s unreasonable failure to comply with the ACAS Code (to £15,625 each). The limit on payment to be ordered pursuant to article 10 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 is applied. The Respondent is therefore ordered to pay the Claimants the following sums:a. In respect of the First Claimant (Mr Helm): £25,000;b. In respect of the Second Claimant (Ms Gavin): £25,000.