Mr R Marshall v PGI Seating Solutions Ltd (In voluntary liquidation): 2401514/2021
JUDGMENT
[1]The claimant’s complaint that he suffered a detriment due to exercising his rights under the Public Interest Disclosure Act is not well-founded and is dismissed.[2]The Tribunal does not have jurisdiction to hear the claimant’s personal injury claim, which is dismissed.[3]The claimant is entitled to a redundancy payment of £7,263.00. The respondent is ordered to pay to the claimant the sum of £7,263.00, being 9 weeks gross salary capped at £538.00 per week and multiplied by 1.5 (9 x 1.5.x £538).[4]The respondent was in breach of contract by dismissing the claimant without giving him 9 weeks’ notice. The respondent is ordered to pay the claimant damages in the gross sum of £5,715.00 being 9 weeks gross salary (9 x £560.00 = £5,040.00) and 9 weeks employer’s pension contributions (9 x £75.00 = £675.00) subject to such deductions as it is required to make for tax and national insurance.[5]The claimant’s complaint of unfair dismissal succeeds. However, no award is made for the following reasons:[1]The Basic Award is reduced to nil as the claimant’s redundancy payment, which is of equal amount, must be deducted from the Basic Award (£7,263.00 - £7,263.00 = 0).[2]The Compensatory Award is also reduced to nil. The claimant would have been made redundant in any event in mid-February 2021 when the respondent went into liquidation. He is accordingly entitled to 6 weeks net pay of £2,688.00 (6 x £448.00) and 6 weeks employer’s pension contribution of £450.00 (6 x £75.00), totalling £3,138.00. For calculation purposes, the compensatory period immediately follows the 9 weeks’ notice period to avoid double compensating, which means the compensatory period is between 5.3.2021 and 16.4.2021. During this period the claimant earned seven weeks’ net earnings in the sum of £4,256.00 (7 x £608.00). This sum must be deducted from the compensatory award of £3,138.00, bringing the total to zero.[3]As no Compensatory Award is made, The Employment Protection (Recoupment for Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply.[6]The claimant’s complaint of unlawful deduction from wages succeeds. The respondent unlawfully deducted the gross sum of £735.00 in respect of overtime payments, £300.00 in respect of bonus payments, and £392.00 in respect of holiday pay. Accordingly, the respondent is ordered to pay the claimant the gross sum of £1,427.00 subject to such deductions as it is required to make for tax and national insurance.