Mr D Mellor v Lunar Automotive Ltd: 2415758/2020
JUDGMENT
[1]The claimant was constructively dismissed without notice in breach of contract. The respondent is ordered to pay the claimant damages arising from the breach of contract (notice) of the gross sum of £68,029.18.[2]The respondent made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £27,223.01.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,638.12.[4]The respondent has breached the claimant’s contract of employment by failing to reimburse him for fuel expenses as required and is ordered to pay the claimant damages arising from the breach of £1,359.34.[5]The respondent has breached the claimant’s contract of employment by failing to pay to a pension scheme the sums which would have been employee workplace pension contributions and is ordered to pay the claimant damages arising from the breach of £3,130.45.[6]The respondent has breached the claimant’s contract of employment by failing to pay to pension schemes the sums which should have been employer pension contributions and is ordered to pay the claimant damages arising from the breach of £6,260.77. Case No. 2415758/2020 2[7]The claimant was constructively dismissed by the respondent. The constructive dismissal was unfair. The unfair dismissal claim succeeds.[8]The respondent is required to pay the claimant a basic award for unfair dismissal of £8,887.[9]The respondent is required to pay the claimant a compensatory award as compensation for unfair dismissal of £51,553.97.[10]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 applies to the unfair dismissal compensatory award. The prescribed period is 15 June 2021 to 15 March 2022. The prescribed element is £51,028.97. The total award for all claims is £168,081.84. The amount over the prescribed element is £117,052.87. NOTE[1]The respondent will not be required to make any payment of the prescribed element of the award until it has received a recoupment notice from the Secretary of State or notification that the Secretary of State does not intend to serve a recoupment notice having regard to the provisions of Regulation 7(2). The Secretary of State will normally serve such recoupment notice or notification on the employer within 21 days after the Tribunal’s Judgment was sent to the parties.[2]The prescribed element is £51,028.97. The prescribed period is 15 June 2021 to 15 March 2022. The total award is £168,081.84. The amount over the prescribed element is £117,052.87. That latter amount, which is the difference between the total monetary award and the prescribed element is payable by the respondent to the claimant immediately.REASONS
[1]By a letter dated 12 April 2022 the Tribunal gave the respondent an opportunity to make representations, or to request a hearing to do so, as to why the response form should not be struck out because the respondent had failed to comply with case management orders, had failed to reply to earlier correspondence, and/or was not actively pursuing its response.[2]The respondent has failed to make representations or to request a hearing to do so.[3]The response is therefore struck out under rule 37(1)(c) and/or (d). The claim will proceed as an undefended claim under Rule 21.[4]The hearing fixed for 4-6 May 2022 is converted to a one day hearing before an employment judge sitting alone on 4 May 2022 only. The respondent may only participate in that hearing to the extent permitted by the judge. Regional Employment Judge Franey 26 April 2022