Mr Barry NelsonClaimantHayes GFS LimitedRespondent
Before
Employment Judge A M BuchananIn person for claimantDate 2 May 2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims advanced by the claimant are well founded and the remedy to which the claimant is entitled will be determined at a Remedy Hearing namely:1.1 The claim of unfair dismissal1.2 In the alternative, the claim for a redundancy payment1.3 The claim of wrongful dismissal.1.4 The claim for unpaid holiday pay.1.5 The claim (if so advanced) for failure to provide written reasons for dismissal advanced pursuant to sections 92/93 of the Employment Rights Act 1996.[2]A Remedy Hearing is to be listed with an estimated length of two hours before an Employment Judge sitting alone at North Shields Hearing Centre as soon as possible. Notification of the date and time of the Remedy Hearing will follow under separate cover. The Orders set out in the letter from the Employment Tribunal to the parties dated 6 February 2018 are revoked. The hearing set for 29 May 2018 is cancelled.[3]The claimant is ordered to bring to the Remedy Hearing two copies of all documents relied on to support such claims.[4]The Tribunal will consider its powers pursuant to section 38 Employment Act 2002 at the Remedy Hearing.[5]The respondent will only be able to partake in the Remedy Hearing to the extent permitted by the
REASONS
[1]The claimant filed claims with the Tribunal on 5 February 2018 which were served on the respondent on 6 February 2018.[2]The respondent has failed to file any response to the proceedings.[3]The claimant claims various sums from the respondent which are not specifically set out in the claim form and therefore I conclude that a Remedy Hearing is required.[1]The respondent is ordered to pay to the claimant the sum of £16708.40p compensation for unfair dismissal pursuant to section 118 of the Employment Rights Act 1996. This comprises a basic award of £1976.00p and a compensatory award of £14732.40p. The compensatory award includes an award of two weeks’ pay pursuant to section 38 of the Employment Act 2002 and an award of two weeks’ pay pursuant to section 93 of the 1996 Act and an uplift of 25% pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 and section 124A of the 1996 Act.[2]The total sum due from the respondent to the claimant of £16708.40p is payable by the respondent forthwith.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award.[4]There will be no award for wrongful dismissal as that loss is included in the compensatory award for unfair dismissal and to make any further award would amount to double recovery. Case Numbers: 2500180/2018[5]There will be no award for a redundancy payment as the claimant was not dismissed by reason of redundancy.[6]There will be no award for unpaid holiday pay as the claimant accepted no sums were owing. EMPLOYMENT JUDGE A M BUCHANAN