Mr W Hannah-O’Donnell v Coulson & Collins Care Home Ltd: 2402994/2021
JUDGMENT
[1]The claimant was unfairly dismissed by the respondent which means that this complaint is successful.[2]The claimant’s complaint of unlawful deduction from wages is dismissed upon withdrawal by the claimant at the hearing.[3]The claimant’s holiday pay complaint is dismissed upon withdrawal by the claimant at the hearing.[4]The determination of compensation in the successful complaint of unfair dismissal will be determined at a Remedy hearing to be listed on a date to be confirmed in the Manchester Employment with a hearing length of 3 hours. Note: The parties should notify the Tribunal within 7 days of receiving the Notice of Remedy Hearing, if the date provided is inconvenient, (having informed the other party and providing details to the Tribunal of unavailable dates). Case No: 2402994/2021 REMEDY JUDGMENT 1. The respondent shall pay to the claimant compensation for his complaint of unfair dismissal of £2909.08 (Two Thousand, Nine Hundred and Nine Pounds and Eight Pence) and calculated as follows: Unfair dismissal Subtotal/Total[1]Immediate loss of earnings from effective date of termination on 20 January 2021 until 19 February 2021 (being the correct date of termination had consultation taken place) of 110 hours work = £919.60[2]Accrued untaken annual leave from 20 January 2021 until 19 February 2021 = £99.48[3]Immediate loss of earnings from 19 February 2021 until 17 April 2021 = £1640.00[4]Loss of statutory rights = £250.00 Grand Total £2909.08 2. The claimant acknowledges that from 24 March 2021 until an unspecified date in June 2021, he did receive universal credit payments from the Department of Work and Pensions, (‘DWP’). It is not clear whether recoupment is applicable in this case, however, the following figures may be of relevance: a) Prescribed element: £2659.08, (being immediate loss of earnings payable as part of the compensatory award and which must be held until the question of recoupment has been resolved); b) Prescribed period: 20 January 2021, (the effective date of termination) until 18 January 2022 (date of remedy hearing). c) Total award: £2909.08 (see Grand total figure in the table above) d) Balance: £250.00 (following the reservation of the prescribed element and payable to the first claimant immediately) NOTE: The respondent will reserve the prescribed element until they have been informed by the DWP what amount of that figure should be subject to recoupment by the DWP (if any), and the amount of the balance of the prescribed element which can then be paid to the claimant.