Mr P Brown v Davinci Mobility Ltd: 2407902/2023
JUDGMENT
[1]The claimant was unfairly dismissed on the 16 May 2023, the effective date of termination, and his claim for unfair dismissal is well-founded and adjourned to a remedy hearing which will take place via CVP starting at 10.00am on the 2 February 2024.[2]The claimant suffered an unlawful deduction of wages from the 29 April 2023 to 16 May 2023, and his claim for an unlawful deduction of wages is adjourned to remedy.[3]The claimant was guilty of conduct so serious as to amount to a repudiatory breach of the contract of employment entitling the employer to summarily terminate the contract, and the claimant’s claim for wrongful dismissal (notice pay) is dismissed. 12 January 2024 Case No. 2407902/2023[1]The respondent is ordered to pay to the claimant compensation for unfair dismissal in the sum of £6892.76 consisting of a basic award in the sum of £1740.78 and a compensatory award in the sum of £4179.24 plus a 15% uplift in the sum of £972.74 for the respondent’s failure to comply with the ACAS Code of Practice.[2]The respondent is ordered to pay the claimant the sum of £564.92 net for an unlawful deduction of wages from the 29 April 2023 to 16 May 2023. The Recoupment Regulations do not apply.