Mr A Bulman v D Fearon (T/a Dean Fearon Builders): 2405600/2021

EMPLOYMENT TRIBUNALS
Case No 2405600/2021
Between
Mr A BulmanClaimantD Fearon (T/a Dean Fearon Builders)Respondent
Before
Employment Judge DunlopMr T Street (instructed by solicitor) for claimantNot represented for respondentDate 13 October 2021

JUDGMENT

[1]I accept that the claimant was employed personally by Mr Dean Fearon. It is not necessary to have various trading names listed as separate respondents, as they are no separate legal identities. For that reason, I amend the title of the respondent to Mr Dean Fearon (T/A Dean Fearon Builders) and remove the other two versions of Mr Fearon’s name from the claim.[2]The claimant’s claim for unlawful deduction from wages for the period 17 September 2019 to 7 December 2020 is well founded. The respondent is ordered to pay the claimant the gross sum of £3,258.00 (gross).[3]The claimant’s claim of automatic unfair dismissal under s104 Employment Rights Act 1996 (assertion of statutory rights) is well-founded. The total sum payable by the respondent to the claimant in compensation for his unfair dismissal is £6,442.71, calculated as set out below.3.1 The respondent is ordered to pay the claimant a Basic Award of £164.00 (being 0.5 x £328) as the claimant was under 22 and had one complete year’s service.3.2 The respondent is ordered to pay the claimant a compensatory award of £5,315.59, calculated as follows: Past loss of earnings £3,228.17 (net) Loss of earnings arising from delayed completion of apprenticeship £1,587.42 (net) Loss of statutory rights £500.003.3 A 20% uplift applied to the loss of earnings element of the compensatory award reflecting the respondent’s failure to follow the ACAS code of practice on disciplinaries and grievances. This amounts to £963.12.[4]The claimant’s claim that his dismissal was in breach of his common law apprenticeship contract is well-founded. No separate award is made for these losses, which are fully subsumed within the compensation for unfair dismissal.[5]The claimant’s claim of failure to provide a statement under s1. Employment Rights Act 1996 is well-founded. The Tribunal awards £586.94 compensation, being two weeks’ net pay.[6]The claimant’s claim of failure to provide itemised pay statements is wellfounded. The Tribunal awards £586.94 compensation, being two weeks’ net pay.[7]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.