Mr M Griffin v My Motors (NW) Ltd (in creditors voluntary liquidation): 2413472/2018

EMPLOYMENT TRIBUNALS
Case No 2413472/2018
Mr M GriffinClaimantMy Motors (NW) Ltd (in creditors voluntary liquidation)Respondent
Employment Judge PorterMiss S Mahe (instructed by advocate) for claimantNot in attendance for respondentDate 7 December 2018

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The complaints of unfair dismissal, breach of contract in relation to failure to give notice of termination, unlawful deduction from wages, failure to provide a section 1 statement and failure to provide written reasons for dismissal succeed.[2]The remedy to which the claimant is entitled will be determined at a Remedy Hearing. Employment Judge Slater _____________________________ Date: 12 September 2018[1]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,181.25.[2]The claimant was unfairly dismissed and the respondent is ordered to pay to the claimant a compensatory award in the sum of £4,810.00.[3]The recoupment regulations apply only to the amount ordered under the Compensatory award and: 3.1. The total award for unfair dismissal is £4,810.00; 3.2. The prescribed element is £4,560.00 ; 3.3. The period of the prescribed element is 28 June 2018 to 12 November 2018.[4]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross/net sum of £4,200.00 gross. Case No: 2413472/18 2[5]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £720.00 net.[6]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,207.00.[7]The complaint that the employer failed to provide a section 1 statement is well-founded. The respondent is ordered to pay to the claimant four weeks’ wages in the sum of £1,050.00