Mr M S Ibrahim v Penai Constructions Ltd: 2305196/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. This means the respondent unfairly dismissed the claimant.[2]The claimant’s complaint that the respondent refused to permit him to exercise a right he had under regulation 13 and 13A of the Working Time regulations 1998 is well-founded.[3]The complaint of breach of contract for failure to make any payment in lieu of notice is well-founded.[4]The complaint of breach of contract for failure to make pension contributions was withdrawn by the claimant and is dismissed on that basis.[5]The complaint that the respondent did not provide a statement of initial employment particulars is well-founded.[6]The claimant is awarded a total of £30,987.12 are set out below:- a) A basic award of £4666.44. This is calculated as 12×£388.87 being a gross week’s pay. b) A compensatory award of 18 days’ pay calculated at a daily rate of £55.40 being £997.20. c) The sum of £500 to reflect the claimant’s loss of statutory rights. d) Holiday pay of £23,268 calculated as 420 days outstanding holiday (being 15 years multiplied by 28) at a daily rate of £55.40. Case Number: 2305196/2023 e) £1555.48 being four weeks’ pay for failure to provide a statement of initial employment particulars. F. Mclaren