Mr D Mitchell v Acorns Care Centre Ltd: 2410096/2018
JUDGMENT
The respondent having failed to comply with the requirement of rule 16 of the Employment Tribunal Rules of Procedure 2013 to present a response the judgment of the tribunal is that:[1]The title of the respondent is amended as shown above.[2]The claimant’s application to extend time to enable the tribunal to consider his complaints is granted.[3]The claimant’s complaints of unfair dismissal, breach of contract and unauthorised deductions from wages in respect of holiday pay are well-founded.[4]The respondent is ordered to pay the claimant compensation for unfair dismissal calculated as follows: Basic Award 2 years’ service x 1.5 x £213.67 (gross) £641.01 Compensatory Award Loss of earnings to date of hearing: 42.2 weeks x £219.71 (net) £9,271.76 Less sums earned in alternative employment £1,365.00 - £7,906.76 Loss of statutory employment rights £450.00 £7,786.76 Total award for unfair dismissal £8,997.76[5]For the purposes of regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996 the tribunal states: Monetary award grand total: £8,997.76 Prescribed element: £7,906.76 Period to which prescribed element is attributable: 20 December 2017 to 11 October 2018 Excess of total monetary award over prescribed element: £1,091.00[6]The claimant was entitled to 2 weeks’ notice of dismissal. The tribunal makes no separate award for compensation for breach of contract. Compensation for that period is comprised within the award for unfair dismissal.[7]The respondent is also ordered to pay the claimant compensation for making unauthorised deductions from wages by failing to pay holiday pay in the sum of £456.78. That sum has been calculated gross and may be taxable in the hands of the claimant.[8]The claimant’s complaints of discrimination and victimisation are dismissed upon withdrawal.[9]The respondent is ordered to pay the sums awarded by way of compensation to the claimant on or before 26 October 2018.