Mr L Murtagh v Mikhail Hotels Ltd: 2411667/2023
JUDGMENT
[1]The claimant was unfairly dismissed. His claim of unfair dismissal is well founded and succeeds[2]The claimant’s claim for breach of contract (notice pay) is well founded and succeeds. The claimant was dismissed in circumstances where the respondent was not entitled to dismiss the claimant without notice or payment in lieu of notice.[3]The claimant did not contribute to his own dismissal by culpable or blameworthy conduct.[4]The Tribunal makes, and the respondent is Ordered to pay the following monetary awards of compensation.a. Unfair dismissal: i. Basic award of 1.5 weeks pay for each full year worked = £1725 ii. Loss of earnings = £1104 representing the net amount of lost of earnings iii. Loss of statutory rights =£500 iv. Uplift of 25% for the respondent’s failure to follow the ACAS Code v. Total award of compensation for unfair dismissal £4161.25 vi. The sum of £1150 in lieu of notice not given or paid on termination of employment (the claimant to be responsible for any employee tax of NI liability on this amount)b. The total award made = £5311.25c. The recoupment provisions do not apply to any part of this award.