I Adebisi v Danny Sullivan and Sons Ltd: 2300120/2021
JUDGMENT
[1]The correct name of the Respondent is Danny Sullivan and Sons Ltd.[2]The Claimant’s application to amend his claim to include claims for unpaid holiday pay and furlough pay is refused.[3]The claim of unfair dismissal is well founded and succeeds.[4]The claim of wrongful dismissal is not well founded and is dismissed.[5]It is just and equitable for the Claimant’s losses to be limited to one month, the date by which he would have been fairly dismissed had a fair procedure been followed (Polkey). There shall be an uplift to the compensatory award of 10% for failure to follow the ACAS Code and a reduction to the basic and compensatory awards of 50% on the grounds of contributory fault.[6]The Claimant is awarded compensation of £3710.40 to be paid by the Respondent to the Claimant. This award consists of a basic award of £2017.50 and a compensatory award of £1692.90.