Mr W Lection v Store Retail Group Ltd (in creditors voluntary liquidation): 2406474/2022
JUDGMENT
[1]The name of the respondent is amended from Store Retail Group to Store Retail Group Limited.[2]The claimant was unfairly dismissed. He contributed to his dismissal to some extent by responses he provided at a disciplinary hearing and it is appropriate to make a deduction to his compensatory award of 20%.[3]The claimant was provided with a right of appeal and did not appeal. Pursuant to s207A Trade Union and Labour Relations (Consolidation) Act 1992, a deduction is applied to his compensatory award of 15%.[4]The claimant was wrongfully dismissed. He was dismissed without notice in circumstances where the terms of his contract of employment did not permit that. He was entitled to receive a contractual notice period of one month.[5]The claimant is entitled to the following remedies5.1 For breach of contract (wrongful dismissal): payment of a month’s salary - £1667.50 gross5.1.1 A basic award of £4805.1.1.1 Loss of statutory rights - £500;5.1.1.2 Loss of income from the date on which his notice period should have ended (18 June 2022) up to the date that he began new employment (11 July 2022) of £1667.50. 5.1.2 A deduction of 35% is applied to these amounts in accordance with paragraphs 2 and 3 above. This results in a total compensatory award of £1062.68.5.1.2 A compensatory award based on the following:-5.2 For Unfair dismissal:-[6]Accordingly, the respondent is ORDERED to pay to the claimant:- £1667.50 (gross) for breach of contract £1542.68 for unfair dismissal (basic and compensatory awards)