Mr S Treharne v Alpha Energy Direct Ltd: 2417977/2020
JUDGMENT
[1]The Claimant’s claim for unfair dismissal is well-founded and succeeds.[2]A Polkey reduction shall apply to the compensatory award meaning that the Claimant’s compensation for loss of earnings should be limited to two weeks’ pay (£1,240) and loss of statutory rights (£500).[3]The Claimant’s claim for a statutory redundancy payment is well-founded and succeeds. As the Claimant had 11 years’ continuous service with the Respondent, he ought to have received a statutory redundancy payment of £4,070. As the Claimant received a statutory redundancy payment of £1,198.24, the Respondent is ordered to pay the Claimant the sum of £2,871.76.[4]The Claimant’s claim for unpaid statutory notice pay is well-founded and succeeds. As the Claimant had 11 years’ continuous service, he ought to have received a statutory notice payment of £4,070. As the Claimant received a notice payment of £599.32, the Respondent is ordered to pay the Claimant the sum of £3,470.68.[5]Following consideration of the evidence including the Respondent’s concession during this hearing, the Claimant’s claim for a payment in lieu of accrued but untaken holiday is well-founded and succeeds. The Respondent is to consider, within 14 days of receiving this judgment, whether it accepts the Claimant’s calculation of £704 and, if it does, this payment should be paid alongside the payments referred to above. If it does not accept this calculation, the following orders apply:a. The Respondent should inform the Claimant, copied to the Tribunal, within 14 days of receiving this judgment, that it does not accept this calculation;b. The Claimant should inform the Respondent, copied to the Tribunal, within 14 days of receiving the Claimant’s correspondence referred to at 5(a) above, how he has calculated this sum; andc. If the Respondent disputes this calculation, it should inform the Claimant, copied to the Tribunal, of the reasons for this dispute, what it believes the Claimant is due to be paid for unpaid holiday pay and how it has calculated this sum. This should be sent within 14 days of receiving the Claimant’s correspondence referred to at 5(b) above. I will then determine this issue on the papers or, if a further hearing is required, I will list one.[6]These are gross sums and the Claimant is responsible for the payment of any income tax and/or national insurance contributions that may be due on them. Note: as reasons for the judgment have been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. All judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.