Mr B Swift v Amazing Glazing (Widnes) Ltd: 2403177/2023
JUDGMENT
[1]The claimant’s complaint of unfair dismissal is well founded and succeeds.[2]The claimant’s complaint of breach of contract notice pay is well founded and succeeds.[3]The claimant’s complaint for outstanding holiday pay is well founded and succeeds.[4]The claimant’s complaint of unauthorised deduction from wages for one week’s pay worked in hand is well founded and succeeds.[5]The claimant is one of four claimants whose complaints have been combined. The other claimants had not sent the information needed to quantify their claims so their final hearings had been postponed. I have written to the other claimants today, given direction and listed a final hearing for them.[6]I heard oral evidence from the claimant. I find the following facts.[7]He worked for the respondent as a window fitter from 17 September 2016 until his dismissal. He earned £427.50 gross pay per week and £ 355.66 net pay per week. He was dismissed by text message from Michael James on 9 February 2023. The text message said that the company was being 2403177/23 10.2 Judgment - rule 61 February 2018 placed in the hands of a receiver. The claimant attended the company office premises on 10 February 2023 and found them locked up. The claimant is aware of the respondent continuing to trade because he is aware of jobs that he measured being fitted by sub-contractors after the date of his dismissal.[8]When he was dismissed he was due a week’s pay worked in hand and three week’s outstanding holiday pay.[9]He went to ACAS on 6 March 2023 and brought his tribunal complaint on 8 March 2023. The claimant had a trial period for a new job and earned £ 750 but did not get the job. He had Universal Credit in the total sum of £ 1536.74 before getting a new job on 22 May 2023.[10]The respondent failed to file a response to his claim. It is an active limited company with sole director Michael James. It has been served with the claim and when it did not respond it was informed that it may not do so other than on remedy to the extent permitted by the judge hearing the case. The claimant sent the respondent, by post to its registered office address, the breakdown of the amounts he seeks on 31 May 2023 and it has not responded to that information. The respondent was served with notice of today’s hearing and has not joined the CVP link nor attended in person.[11]Applying relevant law in the Employment Rights Act 1996 and Working Time Regulations 1998 and Employment Tribunals Extension of Jurisdiction Order 1994; The claimant is awarded a total amount of £ 9357.12 as set out below. A basic award £ 6 years service over age 21 and under age 41 6 x gross week’s pay £ 427.50 plus 2 565 A compensatory award Immediate loss of earnings from date of dismissal To date of hearing The claimant was entitled to 6 week’s notice pay 6 week’s net pay for breach of contract 355.66 plus 2133.96 14 weeks at £ 427.50 loss of earnings less the 6 weeks paid as notice pay is 8 weeks at 427.50 3420.00 Less earnings 750.00 2670.00 plus Loss of statutory rights The claimant is awarded plus 350.00 Unauthorised deduction from wages 2403177/23 10.2 Judgment - rule 61 February 2018 One week’s net pay worked in hand plus 355.66 Outstanding holiday pay 3 weeks outstanding annual leave gross 1282.50 Giving a total award of 9357.12 Recoupment The claimant received universal credit. The claimant says the total he received was £ 1536.74 The state will identify the amount of benefits paid and recover from the respondent the value of the benefit paid to the claimant.(i) The prescribed element of this award is £ 2670.00 This is the sum from which the state may seek recoupment The respondent is ordered to pay the balance of the prescribed element after recoupment to the claimant ( £ 2670 – 1536.74 = £1133.26 or such other amount as the state identifies)(ii) The prescribed period for this award is 9 February 2023 – 18 July 2023(iii) The total amount of the award is £ 9357.12(iv) The balance the respondent is ordered to pay to the claimant is £ 6687.12 (together with in due course the balance at (i) above.