Mrs J Sinnott and others v Niboco Ltd: 2415104/2021 and others
JUDGMENT
[1]Each of the claimants is entitled to an award for unfair dismissal and the respondent is ordered to pay: Mrs Sinnott in the sum of £23,301.00 (made up of basic award of £507 x 30 = £15,201.00, and compensatory award of £8,100.00 (comprising £115 x 52 = £5,980.00 and loss of statutory rights £500.00 plus 25% ACAS uplift on compensatory award of £1,620.00 for failure of respondent to follow any procedure)); and Ms Watson in the sum of £4,520.04 (made up of basic award of £147 x 19.5 = £2,866.65 plus compensatory award of £1,653.75 (comprising £147 x 7 = £1,029.00, and loss of statutory rights £294.00 plus 25% ACAS uplift of compensatory award of £330.75 for failure of respondent to follow any procedure)); and Mr Lapham in the sum of £4,982.50 (made up of basic award of £415 x 10.5 = £4,357.50, and compensatory award of £625.00 (comprising loss of statutory rights £500.00 plus 25% ACAS uplift of compensatory award of £125.00 for failure of respondent to follow any procedure)).[2]The respondent was in breach of contract by dismissing the claimants without notice and the respondent is ordered to pay: Mrs Sinnott in the sum of £4,704.00 net (made up of £392 x 12); and Ms Watson in the sum of £1,764.00 net (made up of £147 x 12); and Mr Lapham in the sum of £2,331.00 net (made up of £333 x 7).[3]The respondent made an unauthorised deduction from wages by failing to pay the claimants the full amount of wages due for August and September 2021 and is ordered to pay: Mrs Sinnott in the sum of £3,136.00 net (made up of £392 x 8); and Ms Watson in the sum of £1,176.00 net (made up of £147 x 8); and Mr Lapham in the sum of £2,664.00 net (made up of £333 x 8)[4]Where the Tribunal calculates the amount of payment on a gross basis, the respondent is entitled to make any deductions which are due for tax and national insurance contributions before payment is made to the claimants.