Mr M Vango v The Bowness Pudding Company Ltd: 2407225/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The respondent is ordered to pay the claimant a basic award of £3,298.05 and a compensatory award of £2,407.23 made up of the following:(a) £500 for loss of statutory rights;(b) £136.35 for pension loss;(c) No award for 15 February – 21 March 2023 as that is covered by the breach of contract award for notice pay in paragraph 3 below;(d) An award of £1,054.10 for 2.75 weeks between 22 March and 9 April 2023 at a net weekly figure of £383.31;(e) An award of £716.78 for the period between 10 April and 9 November 2023 representing 30.75 weeks at a net loss of £23.31 per week when credit is given for earnings from new employment of £360 per week.[3]The complaint of breach of contract in relation to notice pay succeeds and the respondent is ordered to pay the claimant the sum of £2,355.75. This sum has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as post employment notice pay.[4]The above sums are increased by four weeks’ pay in the sum of £1,884.60 because of the respondent’s failure to provide a written statement of the main terms of employment.[5]The total of the above figures is £9,945.63. This is uplifted by 20% on account of the respondent’s unreasonable failure to follow the ACAS Code of Practice, which adds £1,989.13, making a total amount payable of £11,934.76.[6]It is declared that the respondent failed in its duty to provide itemised pay statements. No additional award in respect of unauthorised deductions is made.[7]No award is made in respect of the failure to provide pension contributions to NEST. That is a matter the claimant must pursue with the Pensions Regulator.[8]No award is made for failure to forward National Insurance and Tax contributions to HMRC. That is a matter the claimant must take up with HMRC.[9]The recoupment regulations apply to the unfair dismissal award. The total monetary award for unfair dismissal is £5,705.28. The prescribed period is between 15 February 2023 and 9 November 2023. The prescribed element is £1,770.88. The amount by which the monetary award for unfair dismissal exceeds the prescribed element is £3,934.40.