Mr S Aughton v Forest Sofa Ltd: 2405449/2016
JUDGMENT
[1]The complaint of unfair dismissal is well-founded.[2]The complaint of breach of contract is not well-founded and is dismissed.[3]The complaint of unpaid holiday pay is dismissed upon withdrawal.[4]The respondent is ordered to pay compensation to the claimant in respect of unfair dismissal in the following sums: Basic Award 4 weeks at £384.61 £1,538.44 Reduction - 75% - s. 122 ERA 1996 -1,153.83 384.61 Compensatory Award Loss of earnings - 4 weeks at £324.00 1,296.00 (limited Polkey v Dayton Services) Loss of statutory rights 350.00 1,646.00 Uplift for respondent’s failure to comply with ACAS Code of Practice 20% 329.20 Reduction - 75% - s. 123 ERA 1996 -1,481.40 493.80 £878.41[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to the award for unfair dismissal.[6]The respondent is ordered to pay the claimant a contribution towards his costs by way of reimbursement of tribunal fees in the sum of £950.00.[7]The claimant is ordered to pay a contribution to the respondent’s costs, in respect of unreasonable conduct of the proceedings, in the sum of £1,800.00.[8]The sums awarded under paragraphs 4, 6 and 7 above shall be paid on or before 26 April 2017.[9]Although the tribunal has no power to award a set-off in respect of sums awarded in favour of both parties to a claim, it is open to the parties to agree that the tribunal’s awards may be satisfied in that way.