K Ali v The Edam Group Ltd (In Administration): 2407306/2024
JUDGMENT
[1]The claim was presented in the Manchester Employment Tribunal on 27th November 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure.[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £2,278.52 as damages for breach of contract.[3]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed.[4]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[5]The respondent shall pay the claimant the following sums in relation to the claim of unfair dismissal:a. a basic award of £3,446.25 gross.b. A compensatory award of £8,384.95 net (calculated at 17.5 weeks at £479.14 (net) per week (based on the Claimant’s weekly pay of £569.64 (net) per week less £90.50 per week Job Seekers Allowance for that period).c. Loss of Earnings of £1,621.36 net (from 2nd December 2024, being the date that the Claimant was able to secure a new job on a lower salary than he was paid by the Respondent until conclusion of the Hearing in this case – a difference of £841.23 gross per year).d. Future Loss of Earnings from the conclusion of the Hearing for up to a further 26 weeks of £810.68 net.e. £500 in respect of loss of statutory rights. Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied[6]Acas uplift of £4,331.35. (which arises from the Respondent’s failure to adhere to the ACAS Code of Practice on Disciplinary & Grievance Procedures March 2015 – calculated at 25% of Claimant’s Compensatory Award)[7]The total amount payable by the respondent to the claimant under this judgment is £21,373.11. Approved by: