Mr Y Yilmaz v Mr T Olgun and El Pueblo Ltd: 2420011/2020
JUDGMENT
[1]The claimant was unfairly dismissed by the second respondent. The second respondent is ordered to pay to him a basic award of £5,380 and a compensatory award of £1009.25 net.[2]The second respondent has breached the claimant’s contract in failing to provide him with notice. It is ordered to pay damages in the net sum of £5,092.50.[3]The claimant has suffered an unlawful deduction from his pay. The second respondent is ordered to pay to the claimant the sum of £11,033.80 gross.[4]All claims against the first respondent are dismissed. Schedule Date of Birth of Claimant: 15 March 1980. Date of Start of Employment: 1 January 2010 Date of Dismissal: 2 September 2020 Age of Claimant at dismissal: 40 years. Years’ Service: 10 years Gross monthly pay: £2,500 Gross weekly pay: £2,500 x 12/52= £576.92 Cap on gross weekly pay: £538 Net Monthly Pay: £2,206.76 Net weekly pay: £2.206.76 x 12/52=£509.25 Unfair dismissal: Basic Award:10 weeks x £538 = £5,380 Loss of Statutory Rights: £500 Compensatory Award: 1 week x £509.25=£509.25 Total for Unfair Dismissal £6,389.25 Unauthorised deduction from wages: 5 x £2,206.76 = £11,033.80 Damages: Notice Pay: 10 weeks x £509.25= £5,092.50