Mr W Francis v Cheshire Signs Ltd: 2410884/2018

EMPLOYMENT TRIBUNALS
Case No 2410884/2018
Mr W FrancisClaimantCheshire Signs LtdRespondent
Employment Judge SlaterDate 10 January 2019

JUDGMENT

[1]The complaint of unfair dismissal is well founded. The respondent was in breach of the ACAS Code of Practice on Discipline and Grievance. No deduction is to be made from compensation because of the claimant’s conduct and no deduction is to be made under the Polkey principle.[2]The respondent was in breach of contract by dismissing the claimant without the 12 weeks’ notice to which he was entitled.[3]The respondent made unlawful deductions from wages in respect of: 3.1. 2 days’ SSP; and 3.2. £184.61 deducted for holiday which the respondent said had been taken in excess of holiday entitlement.[4]The tribunal declares that the respondent refused to permit the claimant to exercise the right to 11 hours consecutive rest in a 24 hour period. Case No. 2410884/2018 2[5]The respondent failed to comply with its obligations under sections 1 and 4 of the Employment Rights Act 1996 to provide the claimant with a written statement of employment particulars and statements of changes and an award will be made of two or four weeks’ pay pursuant to section 38 Employment Act 2002.[6]There will be a remedy hearing on 21 November 2018 beginning at 10 a.m. with a time estimate of one day.