Mrs D Swinden v Reclamet Ltd and Reclamet (Holdings) Ltd: 2300312/2022 Mrs D Swinden v Reclamet Ltd and Reclamet (Holdings) Ltd: 2300312/2022
JUDGMENT
[1]The claim for redundancy payment under section 135 of the Employment Rights Act 1996 is dismissed on withdrawal by the Claimant. The remaining claims of unfair dismissal, unpaid notice pay, unpaid wages and contractual sick pay, holiday pay and a failure to provide the Claimant with a written statement of particulars of employment will proceed. _____________________________ Employment Judge Braganza KC Date: 14 November 2022[1]I was informed by the parties that Reclamet (Holdings) Limited had given an undertaking with the effect of indemnifying Reclamet Ltd in respect of any award made against it. In any event, I find that the Claimant was employed by Reclamet Ltd and that that is the correct respondent.[2]The Claimant’s complaint of unfair dismissal is well-founded. This means the Respondent unfairly dismissed the Claimant.[3]The Respondent was in breach of contract by dismissing the Claimant without notice. Case Number: 2300312/2022 2[4]The Respondent unreasonably failed to comply with the ACAS Code of Practice on disciplinary and grievance procedures and I find there should be an uplift of 10%.[5]The Tribunal will decide the remedy at a further hearing on 21st April 2023. 16/02/2023