Mr S Brierley v Topwest Ltd: 2301002/2018
JUDGMENT
[1]The claimant’s claims of automatic unfair dismissal are not made out and are dismissed.[2]The claimant’s claim of ordinary unfair dismissal is made out. The claimant was unfairly dismissed. The claimant was awarded a basic award of £843.75 in respect of the unfair dismissal. The recoupment regulations do not apply.[3]The claimant's claims of breach of contract in relation to alleged wrongful dismissal and alleged unlawful suspension or failure to pay suspension pay are not made out and are rejected.[4]The claimant's claim for holiday pay under regulation 14 of the Working Time Regulations 1998 is made out. The respondent is ordered to pay to the claimant £119.70 in respect of that claim.[5]The claimant's claim that the respondent failed to allow him to take holiday under regulation 13A of the Working Time Regulations 1998 during the holiday year ending 31 October 2017 is made out. The respondent is ordered to pay to the claimant compensation of £170 in respect of that failure. Any other claims in respect of holiday pay made by the claimant are not made out.