Mr B Finan v Unita Maintain Ltd (in liquidation): 2424490/2017
JUDGMENT
[1]The complaints of breach of contract and in respect of holiday pay are dismissed upon withdrawal by the claimant.[2]By consent the response form is struck out under Rule 37(1)(c) because the respondent has not complied with the case management orders made by Employment Judge Warren on 16 February 2018.[3]The respondent has therefore ceased to contest the remaining complaints and the following paragraphs of this judgment are promulgated pursuant to Rule 21(2).[4]The complaint of a breach of the right to be accompanied under section 11 Employment Relations Act 1999 is well founded. The respondent is ordered to pay the claimant the sum of £846.70 (equal to two weeks’ gross pay) as compensation for breaching that right.[5]The complaint of unfair dismissal is well founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant a basic award of £11,484.00 and a compensatory award of £4,612.00 (made up of £4,362 for past loss of earnings and £250 for loss of statutory rights).[6]The recoupment regulations apply. The total monetary award for unfair dismissal is £16,096. The prescribed period is from 2 November 2017 to 9 October 2018. The prescribed element is £4,362.00. The amount by which the total monetary award for unfair dismissal exceeds the prescribed element is £11,734.