Mr L Litwinenko-Jones v Greenfields Nursery Ltd: 2404685/2022
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £1420.61 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay. Redundancy Payment[2]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment in the sum of £2,308.41. Unfair Dismissal[3]The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following:(a) A basic award in the sum of £2,308.41, but the amount of the basic award shall be reduced by the amount of the redundancy payment awarded by the Tribunal in respect of the same dismissal. Therefore, the amount is nil.(b) A compensatory award in the sum of £473.52 (4 weeks gross pay) for the four weeks that it would have taken for a fair redundancy consultation procedure to have been completed.(c) An award for loss of statutory rights in the sum of £236.76 The Recoupment Regulations do not apply.