Mr R Ayres v Kitchen Craft (Northern) Ltd and Graham Griffiths: 2418021/2018
JUDGMENT
[1]The claimant’s claims against the second respondent, Mr Graham Griffiths were withdrawn at the outset of the hearing. Accordingly, the claimant’s claims against the second respondent are all dismissed.[2]The first respondent dismissed the claimant in breach of contract in respect of notice. The first respondent is ordered to pay damages to the claimant in the sum of £7,318.32 calculated as twelve weeks gross pay at £609.86 per week.[3]The first respondent’s reason for dismissal of the claimant was redundancy. The claimant is entitled to a redundancy payment. The first respondent is ordered to pay to the claimant a redundancy payment in the amount of £8,890.00, constituting seventeen and a half week’s pay following application of the statutory cap on a week’s pay.[4]The first respondent has failed to pay the claimant’s accrued holiday entitlement which had not been taken as at the date of dismissal. The first respondent is ordered to pay the claimant the sum of £914.79, calculated as 7½ days’ pay at a gross daily rate of £121.97 per day.[5]The first respondent breached the claimant’s contract of employment by failing to reimburse expenses incurred in the course of the claimant’s duties. The first respondent is ordered to pay the claimant the sum of £1,808.75 by way of compensation.[6]The first respondent breached the claimant’s contract of employment by failing to pay his wages for work done in the period to the 18th August 2018. The first respondent is ordered to pay the claimant the sum of £1,827.24 by way of compensation.[7]The claimant’s complaint that he was unfairly dismissed by the first respondent is well founded and succeeds. The claimant having been awarded a redundancy payment is not entitled to any basic award. The first respondent is ordered to pay the claimant compensation in the amount of £9,440.84, covering lost earnings up to 3rd March 2019. This is date by which it is found the claimant’s income from his employment with the first respondent would have ceased in any event, as a consequence of the claimant being dismissed on notice when the first respondent ceased to trade on or around 23rd December 2018. This compensation is calculated as follows: 7.1. 18 weeks lost earnings at the weekly rate of £476.38 per week amounting to £8,574.84; plus 7.2. £500 compensation for loss of statutory rights; plus 7.3. £366 compensation for loss of employer pension contributions calculated at the rate of 2% per week from the date of termination up to the 3rd March 2019.[8]The first respondent is found to have failed to provide the claimant with any terms and conditions of employment during his twenty-two years of service. The claimant is awarded four weeks’ pay because of that failure. Accordingly, the first respondent is ordered to pay to the claimant the sum of £2,032.