Mr E Skilton and others v Nordlichter Ltd: 2301390/2022 and others
JUDGMENT
(1) The First Claimant (Mr Edward Skilton)’s claims for constructive unfair dismissal and/or a redundancy payment, wrongful dismissal (notice pay) and for holiday pay were presented out of time and are dismissed.(2) The Second Claimant (Mr Adrian Fornal)’s claims for constructive unfair dismissal (alternatively a redundancy payment), wrongful dismissal (notice pay), and holiday pay are well founded. This means they succeed.(3) The Respondent is ordered to pay compensation to the Second Claimant (Mr Adrian Fornal) in the total sum of £11,267.69 (gross) calculated as follows: Basic Award: £4,568.00 £571.00 per week (basic salary £427.68/wk + guaranteed minimum TRONC £193.46/wk, capped at the permissible maximum) x 8 (years continuous employment) x 1 (multiplier) Case Numbers: 2301390/2022, 2301058/2022 & 2301147/2022 Wrongful Dismissal (notice pay): £3,421.44 £427.68 per week (basic salary only) x 8 weeks Holiday Pay: £ 3,278.25 38.3 days holiday (18.3 accrued and 20 carried over due to Working Time (Coronavirus)(Amendment Regulations 2020) at £124.23 per day (basic salary + guaranteed minimum TRONC) = £4,758.01 Less total holiday pay received £1,479.76(4) The Third Claimant (Mr Dariusz Palasz)’s claim for an unlawful deduction of wages from his December 2021 wages ais not well-founded and is dismissed.(5) The Third Claimant (Mr Dariusz Palasz)’s claims for constructive unfair dismissal (alternatively a redundancy payment) and wrongful dismissal (notice pay) are well founded. This means they succeed.(6) The Respondent is ordered to pay compensation to the Third Claimant (Mr Dariusz Palasz) in the total sum of £8,845.94 (gross) calculated as follows: Basic Award: £ 5,424.50 £571.00 per week (basic salary £427.68/wk + guaranteed minimum TRONC £168.47/wk, capped at the permissible maximum) x 8 (years continuous employment) x 9.5 (multiplier) Wrongful Dismissal (notice pay): £ 3,421.44 £427.68 per week (basic salary only) x 8 weeks