Mr C Chapman v First Signs Ltd: 2408293/2022
REASONS
[1]The claimant worked as an erector of signs for the respondent sign company from 6 December 2021 to 20 July 2022.[2]On 8 July 2022, the claimant made a public interest disclosure in accordance with section 43B(1)(b) of the Employment Rights Act 1996. The claimant disclosed to the respondent that the claimant reasonably believed that the respondent had failed to comply with the legal obligation to keep vehicles roadworthy. This disclosure was in the public interest for the safety of other road users.[3]Following this disclosure, the claimant was suspended on no pay until the disciplinary hearing on 20 July 2022. The respondent dismissed the claimant for gross misconduct on 20 July 2022. I heard evidence from the claimant that the respondent did not have a reasonable belief, based on reasonable grounds following a reasonable investigation of his misconduct. I have therefore, determined that the claimant’s dismissal was not within the range of reasonable responses and the respondent dismissed the claimant because he made a protected disclosure, and the dismissal was automatically unfair.[4]As a result, the claimant did not receive pay for the contractual 4 week notice period or accrued holiday pay.[5]Whilst the claimant was contracted to work 20 hours per week, in the last 12 weeks of his employment he worked on average 36 hours per week at a rate of £9.50 per hour.[6]The claimant was entitled to average gross wages of £346 per week and average net wages of £312.74.[7]The respondent did not pay the claimant whilst he was suspended between 8 July 2022 and 20 July 2022. This was an unlawful deduction of the claimant’s wages. The claimant is entitled to compensation of wages for 1.6 weeks at the gross rate of £346. This equates to a gross payment of £553.60.[8]The respondent did not pay the claimant for the contractual 4 week notice period between 20 July 2022 – 17 August 2022. This was a breach of the claimant’s contract. The claimant is entitled to compensation of wages for 4 weeks at the gross rate of £346. This equates to a gross payment of £1384.[9]At the date of the final hearing on 11 January 2023 the claimant had secured new employment as a caretaker and was awaiting successful completion of safety checks before he started his new job. Therefore, I have determined that the claimant should be compensated for loss of wages up to 31 January 2023 to allow for completion of the safety checks.[10]The claimant is not entitled to a basic award in accordance with section 119 of the Employment Rights Act 1996 because he did not complete one year of employment with the respondent.[11]The claimant is entitled to a compensatory award from 18 August 2022 – 31 January 2023. The claimant is entitled to compensation for 24 weeks at the net rate of £312.74. This equates to a net payment of £7505.76[12]During the course of his employment the claimant took 9 days annual leave. The duration of the claimant’s employment equated to 62% of the leave year. The claimant was entitled to 28 days annual leave each year. On termination of the claimant’s employment, he had accrued 17 days leave. The claimant was therefore entitled to a payment in lieu of 6 days annual leave on termination of his employment. This equates to a gross payment of £415.20.