Mr K Vynne v Earthbound Landscapes Ltd: 2417909/2020
JUDGMENT
[1]The claimant was unfairly dismissed. The respondent is ordered to pay to the claimant a basic award of £850.00 and a compensatory award of £4398.07.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the net sum of £304.06[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1105.00. Recoupment The recoupment Regulations apply as follows to the unfair dismissal award (compensatory award only): The monetary award £4398.07 The prescribed element £3018.46 The period of the prescribed element: 14 November 2020 to 2 September The amount by which the monetary award exceeds the prescribed element is: £1379.61 Schedule Unfair Dismissal Basic Award: 2 weeks x £425.00 per week £850.00 Compensatory Award: Claimant would have remained unable to work and in receipt of SSP until 13 April 2021 at which time he would have no further entitlement to pay from the respondent. The respondent would have dismissed in the Tribunal’s assessment on 15 June 2021, but the claimant has no losses for that period. £545.94 SSP per month (£125.77 per week) 29 October 2020 to 13 April 2021 (24 weeks) £3018.48 Loss of statutory rights £500.00 £3518.46 ACAS uplift 25% £879.61 £4398.07 Holiday Pay Agreed at 13 days x £85.00 per day (calculation based on 100% of wages during any furlough period) £1105.00 Notice Pay 2 weeks x £425.00 £850.00 (less £545.94 received) £545.94 £304.06