Mr P Mahoney v Suby & Sufy Brothers (Glossop) Ltd (a dissolved company) and Your Local Hadfield Ltd: 2407293/2023
JUDGMENT
[1]The complaint of unfair dismissal is well founded. The second respondent is ordered to pay to the claimant compensation of £34,385.[2]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award. The grand total of the award is £34,385. The prescribed element is £6660. The period of the prescribed element is 17 April 2023 to 13 November 2023. The excess of the grand total over the prescribed element is £27725. The annex to this judgment explains the operation of the Recoupment Regulations.[3]The second respondent was in breach of contract by dismissing the claimant without notice. The second respondent is ordered to pay to the claimant damages of £5,308.68. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay.[4]The second respondent made an unauthorised deduction from wages by failing to pay the claimant wages for the period 1-17 April 2023. The second respondent is ordered to pay to the claimant the sum of £1548 unlawfully deducted.[5]The second respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday and is ordered to pay to the claimant the sum of £796 unlawfully deducted.[6]The second respondent was in breach of its obligation to provide the claimant with a written statement of employment particulars and is ordered to pay to the claimant the sum of £1769.56 (4 weeks’ pay).[7]The Tribunal does not have jurisdiction to consider the complaint against the second respondent about failure to inform and consult in relation to a TUPE transfer, the complaint having been presented out of time.[8]The complaint against the first respondent is dismissed on withdrawal by the claimant.