Mr D Worrall v Martin Wells T/a Marwell Vending: 2414595/2019
JUDGMENT
[1]The claimant’s claim for unfair dismissal succeeds. His basic award will be reduced by 90% for culpable and blameworthy conduct. His compensatory award is reduced by 100% for contributory conduct. The amount of reductions differs because it would not be just and equitable to reduce the basic award to nil because in being dismissed without a fair hearing the claimant has been denied an important right.[2]The claimant’s claim for wrongful dismissal notice pay fails. He was dismissed for gross misconduct and was not due any notice.[3]The claimant’s claim for outstanding payment of holiday pay succeeds. He accrued one twelfth of his 28 days leave entitlement per month from January to 17 August 2019 and took 10 days leave during that period.[4]The claimant’s claim for ACAS uplift succeeds and if there had been a compensatory award it would have been uplifted by 25% to reflect the failure of the respondent to follow any fair procedure in dismissing the claimant. Case number 2414595-19 Code V[5]The claimant’s claim for failure to provide written particulars of employment is dismissed on withdrawal by the claimant.[6]The matter is listed for remedy hearing.