Mr P Clifford v Cleanroom Projects Ltd: 2417076/2019
JUDGMENT
[1]The claimant’s claim of unfair dismissal is well founded because his dismissal was procedurally unfair. This means that his claim succeeds.[2]Had a fair procedure been followed by the respondent, the claimant would have been dismissed fairly and if so, this would have taken place following a further period of employment ending on 27 September 2019.[3]The claimant received a statutory redundancy payment from his employer, and he is therefore not entitled to receive a payment in respect of a basic award for unfair dismissal.[4]The claimant secured alternative employment on 2 September 2019, following his last day of service with the respondent on 30 August 2019. This was paid at the same level as his old job and accordingly, he did not suffer any loss of earnings arising from his dismissal.[5]Consequently, the only part of the claim for a compensatory award which succeeds is in respect of loss of statutory rights and the respondent is ordered to pay the claimant the sum of £350.00 (Three Hundred and Fifty Pounds).[6]As no loss of earnings arose from the dismissal, the recoupment provisions do not apply in relation to the recovery of relevant benefits by the Department of Work and Pensions from the compensatory award.