Employment Judge A M BuchananMs N Dinnes - Solicitor for claimantMr L Ashwood - Solicitor for respondentDate 26 November 2020
JUDGMENT
[1]The claim of ordinary unfair dismissal advanced by the claimant pursuant to sections 94/98 of the Employment Rights Act 1996 is well founded and the claimant is entitled to a remedy.[2]The claimant would have remained in the employment of the respondent until 31 December 2020 on which date there is a 75% chance that he would have been fairly dismissed on notice or with pay in lieu of notice. There will be an appropriate deduction from remedy to take account of this finding.[3]Subject to arguments as to jurisdiction, the claimant is granted leave to amend his claim form to advance a claim of breach of contract relying on the provisions of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (“the 1994 Order”). Case Number 2402284/2020 V 2[4]The Tribunal does not have jurisdiction to consider the claim of breach of contract as it neither arose nor was it outstanding on the termination of the employment of the claimant as required by Article 3(c) of the 1994 Order.[5]The Remedy Hearing will take place on Tuesday 6 April 2021 at 10:00am before this Tribunal. The Tribunal will confirm the details of that hearing in due course. ___________________________________ EMPLOYMENT JUDGE A M BUCHANAN[1]The claim of ordinary unfair dismissal advanced by the claimant pursuant to sections 94/98 of the Employment Rights Act 1996 is well founded and the claimant is entitled to a remedy.[2]The claimant would have remained in the employment of the respondent until 31 December 2019 on which date there is a 75% chance that he would have been fairly dismissed on notice or with pay in lieu of notice. There will be an appropriate deduction from remedy to take account of this finding.[3]Subject to arguments as to jurisdiction, the claimant is granted leave to amend his claim form to advance a claim of breach of contract relying on the provisions of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (“the 1994 Order”). Case Number 2402284/2020 V 2[4]The Tribunal does not have jurisdiction to consider the claim of breach of contract as it neither arose nor was it outstanding on the termination of the employment of the claimant as required by Article 3(c) of the 1994 Order.[5]The Remedy Hearing will take place on Tuesday 6 April 2021 at 10:00am before this Tribunal. The Tribunal will confirm the details of that hearing in due course. ___________________________________ EMPLOYMENT JUDGE A M BUCHANAN[1]The respondent is ordered to pay to the claimant forthwith £20483.57 compensation for unfair dismissal.[2]This award comprises a compensatory award calculated in accordance with the provisions of section 123 Employment Rights Act 1996 (“the 1996 Act”).[3]There is no award of a basic award of compensation calculated pursuant to section 119 of the 1996 Act.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 (“the 1996 Regulations”) apply to this award.[5]The particulars required by Regulation 4(3) of the 1996 Regulations are:5.1 the total monetary award: £20483.57. Case Number 2402284/2020 Code: V 25.2 the prescribed element: £12661.70.5.3 the prescribed period: 6 November 2019 until 18 May 2020.5.4 the amount of excess of the total award over the prescribed element: £7821.87. ___________________________________ EMPLOYMENT JUDGE A M BUCHANAN