Mr W Khan v Peninsula Business Services Ltd: 2415395/2020
JUDGMENT
This has been a remote hearing which has been consented to by the parties. The form of remote hearing was a video hearing, using the tribunal’s Cloud Video Platform (CVP). A face to face hearing was not held because it was not practicable in the circumstances of the covid-19 pandemic and all issues could be determined in a remote hearing.[1]The claimant was unfair dismissed by the respondent.[2]The respondent is ordered to pay the claimant a Basic Award of £2,960.00. This is calculated on the basis that the claimant had 4 years’ service, for the latter two of which he was aged 41 or over and his weekly wage exceeded the statutory limit of £538.00. So: (2 x 1 x £538) + (2 x 1.5 x £538) = £2,960.00[3]There is a 100% chance that the claimant would have been dismissed if a fair procedure had been followed. For that reason, no Compensatory Award is due to the claimant.[4]No reduction will be made to the Basic Award in respect of any contributory conduct on the part of the claimant.[5]The claimant’s claim of wrongful dismissal (i.e. his claim for notice pay) is not well-founded and is dismissed.[6]The claimant’s claim for unpaid holiday pay is not well-founded and is dismissed.[7]The claimant was given permission to amend his claim to pursue a claim of unauthorised deductions from wages in the amount of £5.00, relating to the calculation of an amount recovered from the claimant following his loss of a company laptop. However, the claimant later agreed that he was, in fact, recently refunded this amount by the respondent making a direct payment into his bank account. This claim is therefore dismissed upon withdrawal.[8]The claimant was refused permission to amend his claim to bring a separate wages claim in respect of a ‘Developer on Call’ supplement and/or overtime worked in February/March 2020.[9]As there is no compensatory award, the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.