Mr S Guidi v Porada Whitefield Ltd: 2403860/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was automatically unfairly constructively dismissed pursuant to s104 Employment Rights Act 1996 for asserting a statutory right namely requesting itemised pay statements. I award the claimant compensation as follows: i. A basic award of 1.5 weeks pay = £600. ii. A compensatory award of 4 weeks pay = £1,600. iii. The grand total of compensation payable by the respondent to the claimant for unfair dismissal = £2,200. iv. The Recoupment Regulations apply. v. The prescribed element is £1,600. vi. The prescribed period is 13.5.2017-13.6.2017. vii. The excess of the grand total over the prescribed element is £600.[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £560 (7 days’ pay).