Mr P Pendlebury v Mr G Carr and Mr D Beckett (as representatives of the members of Pemberton Central Working Mens Club): 2402031/2017
JUDGMENT
[1]Mr Carr and Mr Beckett are added as respondents as representatives of the members of Pemberton Central Working Mens Club. The claimant was unfairly dismissed.[3]It is just and equitable to reduce the claimant’s basic and compensatory awards by one-third on account of the claimant’s conduct.[4]The claimant has not compromised his claim for damages for breach of contract (wrongful dismissal) and the tribunal accordingly has jurisdiction to consider it.[5]The respondents breached the claimant’s contract by failing to give notice of termination.[6]The respondents are entitled to set off any notice pay actually paid to the claimant against any award of damages for wrongful dismissal.[7]By consent, the respondents are ordered to pay the claimant the sum of £495.88 as damages for breach of contract in respect of the claimant’s bond.[1]Mr D Beckett (as trustee of, and member of the committee of, and on behalf of the other members of the committee of, Pemberton Central Working Men’s Club) is added as a respondent in substitution for the previously-named respondents. This order is made under rule 34 of the Employment Tribunal Rules of Procedure 2013.[2]As damages for breach of contract (wrongful dismissal), the respondent is ordered to pay the claimant the sum of £3,472.68.[3]As compensation for unfair dismissal, the respondent is ordered to pay a basic award of £4,873.33 and a compensatory award of £7,415.90.[4]The respondent is reminded of the judgment to pay damages of £495.88 for breach of contract in respect of bonus. The prescribed element of the award is £2,151.32.[6]The period to which the prescribed element is attributable is 5 January 2017 to 18 April 2018.[7]The amount by which the total damages and compensation exceed the prescribed element is £14,106.47.