Mr D Ervin v Hillgate Investments Ltd T/a A Neil: 2302306/2020
JUDGMENT
[1]The claim for unfair dismissal succeeds.[2]The claimant is awarded a basic award of £1076 and a compensatory award of £3003.24.[3]The claimant is awarded a 25% uplift for failing to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.[4]The total award for unfair dismissal including the uplift is £5099.05.[5]The claims for breach of contract in relation to notice pay and for unlawful deductions from wages in relation to January commission are dismissed upon withdrawal. Case Number: 2302306/2020[6]It is agreed that the respondent made unlawful deductions from the wages of the claimant and by consent he is awarded a total sum of £797.29 comprising of:a. Statutory sick pay of £377 gross; andb. Commission for February 2020 of £420.29 gross.[7]The claim for unlawful deduction from wages in relation a car deposit of £500 does not succeed and is dismissed.[8]By consent it is agreed that the claimant is entitled to a sum of £375.48 gross in respect of three days accrued annual leave not taken at the date of termination of his employment.[9]The claim for disability-related discrimination under section 15 of the Equality Act 2010 does not succeed and is dismissed.[10]The total sum awarded to the claimant is £6271.82.[11]The respondent is ordered to pay the claimant the sum of £3595.70 in respect of costs on the grounds that the respondent acted disruptively and unreasonably in its conduct of the proceedings.[12]The tribunal orders the respondent to pay a penalty to the Secretary of State in accordance with section 12A(4) of the Employment Tribunals Act 1996 amounting to £3135.91.