Mr M Lewis v DGS Marine Management Serivces Ltd: 2208494/2016
[1]The claimant is awarded the sum of £4924.86 having been an unauthorised deduction from his wages, ie unpaid net wages from 1 October 2016 – 22 December 2016.[2]The claimant is awarded £947 in respect of 12.5 days’ holiday pay, net of tax.[3]The claimant is awarded the sum of £2052.02 for his notice pay claim (£1641.62 + 25% uplift for breach of the ACAS Code on Disciplinary and Grievance Procedures - £410.40).[4]The claimant is awarded for his unfair dismissal a basic award of £958 and a compensatory award of £3111.22, which was calculated as follows: - loss of earnings from expiry notice period on 22 January – 25 February 2017 = 5 weeks. (5 x £378.80 = £1894.) - loss of healthcare benefits = £94.98. - loss of statutory rights = £500 - 25% ACAS uplift £622.24.[5]The recoupment regulations apply. The prescribed period is 22 January 2017 – 25 February 2017 and the prescribed element is £2486.22 (£1894 + £94.98 + ACAS uplift on those elements.)[6]The amount by which the compensatory award exceeds the prescribed element is £625.[7]The claimant is awarded the sums he paid as tribunal fees by way of costs: £1200. Employment Judge Lewis 27 June 2017