S Reader v Quinlan Group Ltd: 2212166/2022

EMPLOYMENT TRIBUNALS
Case No 2212166/2022
S ReaderClaimantQuinlan Group LtdRespondent
Employment Judge HeydonJohn Ratledge (instructed by Counsel) for claimantSimon Harding (instructed by Counsel) for respondentDate 26 May 2023

JUDGMENT

[1]The Claimant’s complaint that there was an unlawful deduction from his wages is well-founded. The Respondent is ordered to pay to the Claimant the gross sum of £34,714.73 in respect of the amount unlawfully deducted.[2]The Claimant’s complaint that he was unfairly dismissed is well-founded. The Respondent is ordered to pay to the Claimant the gross sums of:(a) a basic award of £4,282.50 (calculated based on 5 years employment at 1.5 times a week’s pay, limited to the statutory cap of £571 per week);(b) a compensatory award of £46,939 (calculated based on 6 months loss of earnings, capped at £93,878 and reduced by 50% to take into account the possibility that the Claimant would have been made redundant);(c) a sum of £350 for loss of statutory rights.[3]The Respondent was in breach of contract by constructively dismissing the claimant without notice. The Respondent is ordered to pay to the Claimant the gross sum of £12,947.18 in damages for the breach of contract. Case Number: 2212166/22[4]The Respondent failed to provide the Claimant with a written statement of employment particulars. The Respondent is ordered to pay to the Claimant compensation of £1,142, representing 2 weeks’ pay limited to the statutory cap of £571 per week.[5]In total, the Respondent is ordered to pay a total gross sum of £100,375.41.