Mr A Weir v Gordon Building Services Ltd: 2402791/2017
JUDGMENT
[1]By virtue of the respondent’s failure to comply with the order of Employment Judge Holmes sent to the parties on 4 August 2017 the response was struck out on 1 September 2017.[2]By consent, the respondent’s application for reconsideration and revocation of that order so as to permit the respondent to contest the issue of remedy is granted.[3]By consent, the claim is amended so as to enable the claimant to pursue a complaint in respect of unpaid wages in respect of a lying on week’s pay. The complaint was not contested.[4]Upon the respondent’s concession, the complaints of unfair dismissal and discrimination because of something arising in consequence of disability are wellfounded. Remedy Unpaid Wages[5]The respondent is ordered to pay the claimant, in respect of his lying on week the net sum of £330.70. Unfair dismissal[6]The respondent is ordered to pay the claimant compensation front dismissal calculated as follows: Basic Award 4 weeks at £400 gross £1,600.00 Compensatory Award 5 weeks at £330.70 net 1,653.50 Loss of statutory rights 350.00 2,003.50 Uplift for breach of provisions of ACAS Code at 15% 300.49 Total award for unfair dismissal £3,903.99[7]The provisions of the Employment Protection (Recoupment of Benefits) Regulations 1996 (“the Recoupment Regulations”) apply to the award for unfair dismissal. The tribunal states as follows: The monetary award grand total is £3,903.99 The prescribed element is £1,653.50 The period of the prescribed element is 9 February 2017 to 22 January 2018 The excess of the grand total over the prescribed element is £2,250.69. Disability Discrimination[8]The respondent is ordered to pay the claimant compensation for disability discrimination calculated as follows: Injury to feelings assessed at £4250.00 Interest at 8% (for a period of 50 weeks) 325.00 Total award for disability discrimination £4,775.00