Mr S Orchard v Cyanic Resources Ltd: 2404166/2023
JUDGMENT
[1]The complaint of unfair (constructive) dismissal is well founded. The claimant was constructively dismissed. The dismissal date was 3 January 2024. That dismissal was unfair.[2]The respondent shall pay to the claimant the following sums:a. A basic award of £5139.b. A compensatory award of £26,349.45 NOTE:(i) The calculations of these sums are set out in the Annex attached.(ii) The recoupment provisions do not apply. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well founded.[4]The claimant was entitled to receive 6 weeks’ notice. He did not. The respondent shall pay to the claimant £6346.14 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the clamant will have to pay tax on it as Post Employment Notice Pay (PENP). Holiday Pay[5]The complaint in respect of holiday pay is well founded. The respondent made an unauthorised deduction from the claimant’s wages by failing to pay the claimant for 10 days of holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £2,115.38. The claimant is responsible for paying tax or national insurance. Wages[7]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 17 to 25 August 2022.[8]The respondent shall pay the claimant £1057.69, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.