Mr R Hogg v Newhey Lodge Ltd: 2402315/2016
JUDGMENT
Employment Tribunals Rules of Procedure 2013 Rule 21 The judgment of the Tribunal is that:[1]Basic award – 1.5 x 16 years’ service x 227 = £5,440.00[2]Compensatory award – Six weeks’ pay for failure to inform and consult = 6 x £227 = £1,362 £1,362.00 loss of statutory rights £227.00 Total compensatory award £1,589.00 The grand total £7,029.00 Case No. 2402315/2016 2[3]The prescribed period is 9 June 2016 to 21 July 2016 (six weeks). The prescribed element is £1,362. The excess of the grand total over the prescribed element is £5,667.00.[4]The claimant is also entitled to damages for wrongful dismissal in the sum of 12 weeks’ pay in lieu of notice less £25 = 12 x £227 - £25 = £2,699. Employment Judge Ross 13 February 17[5]Each party will prepare a list of documents relevant to remedy and send it, together with copies, to the other party by 7 June 2017.[6]The parties will liaise to agree a joint index for a joint bundle of documents relevant to remedy. The claimant’s representative accepts responsibility for preparation of the bundle, which will be chronological order with numbered pages. A final copy of the joint bundle will be sent to the respondent by 14 June 2017. The claimant’s representative will bring two further copies of the bundle to the hearing. Case No. 2402315/2016 2[7]Each party will prepare witness statements relevant to remedy. The witness statements shall be typed and shall have numbered paragraphs and pages. Each party will send a copy of its witness statements to the other party by 21 June 2017. (For the avoidance of doubt, if Mr Spreadborough wishes to produce a statement in relation to remedy he is a witness in the case). Employment Judge Ross Date 24 May 2017[1]Unfair Dismissal Basic award £216 x 16 years’ complete service x 1.5 to reflect the claimant is aged over 41 years for each year of service £5,184.00[2]Breach of contract (wrongful dismissal/failure to pay notice) (12 x £207.82) £2,493.84[3]Failure to inform and consult pursuant to Section 13 and section 13A Transfer of Undertakings (Protection of Employment) Regulations 2006 6 weeks’ pay x £216 £1,944.00 Total £8,973.84 Case No. 2402315/2016 2[4]Therefore the total sum payable by the respondent to the claimant within 14 days of the date of this Judgment is £8,973.84,[5]The Recoupment Regulations do not apply to these awards.