Mr S Salim v I Quote Ltd: 2407352/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The unfair dismissal complaint under section 104 of the Employment Rights Act 1996 is well founded. The claimant was unfairly dismissed because he asserted a statutory right.[2]Section 119 of the Employment Rights Act 1996 requires a claimant to have not less than one complete year of service to make an unfair dismissal complaint therefore no basic award is made. The respondent is ordered to pay the claimant a compensatory award of £9781.84 which includes the following(a) £450 in respect of loss of statutory rights.(b) No compensation is awarded for lost earnings in the first four weeks after dismissal as an award is made in relation to notice pay in paragraph 4.(c) For the period from 17 May 2021 – 16 December 2021 (seven months) the award for loss of earnings is £9331.84.[3]The recoupment regulations do not apply as no recoupable state benefits were received.[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2500.00. This is a net figure but has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on this amount as “post employment notice pay”.[5]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £750.00 from which tax and national insurance should be deducted.[6]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1860.00 from which tax and national insurance should be deducted.[7]No award is made for compensation for stress and anxiety as the Tribunal has no power to make any such award in this case.[8]The total amount payable by the respondent to the claimant is as follows: Unfair Dismissal £ 9,781.84 Notice Pay £ 2,500.00 Holiday pay £ 750.00 Deductions from pay £ 1,860.00 Total £14,891.84