D Bell v Urmston E Cigs Ltd and NJ Vapes Urmston Ltd: 2400156/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The Claim against the Second Respondent N J Vapes Urmston Ltd is dismissed on withdrawal.[2]The Claimant was dismissed by reason of redundancy. The Claimant’s claim for a Redundancy Payment is well founded. The Claimant is entitled to a redundancy payment in the sum of £1071.[3]The Claimant’s Claim for Unfair Dismissal is well founded.[4]The Claimant is not entitled to a Basic Award pursuant to s. 122 (4) (a) Employment Rights Act 1996.[5]The Claimant is entitled to a compensatory award of £1994.20.[6]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to the Claimant in the sum of £765.[7]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay the Claimant the sum of £856.80.[8]The Claimant is entitled to an award pursuant to s.38 Employment Act 2002 in the sum of £612.[9]The total sum awarded to the Claimant is £5299. All sums due are to be paid gross without deduction for tax.[10]The Recoupment Provisions apply. The Prescribed Element is £1744.20. The Prescribed Period is 9 October 2020 to 31 January 2021. The total award is £5299. The Excess of total award over the prescribed element is £3554.80