Mr S Lee v A Belco Ltd (in administration): 2500669/2016
JUDGMENT
[1]The claimant’s complaint of breach of contract (failure to pay notice pay) is wellfounded and succeeds. The respondent is ordered to pay to the claimant compensation in the sum of £13,500.00. This is a net amount and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon.[2]The claimant’s complaint of unauthorised deduction from wages (failure to pay accrued holiday pay) is well-founded and succeeds. The respondent is ordered to pay to the claimant accrued holiday pay in the sum of £6,750.00. This is a net amount and the respondent shall be responsible for the payment of any income tax and national insurance contribution thereon.[3]The claimant’s complaint of unauthorised deduction from wages is well-founded and succeeds. The respondent is ordered to pay to the claimant wages unlawfully deducted in the sum of £53,504.15. This is a net amount and the Case Numbers: 2500669/2016 respondent shall be responsible for the payment of any income tax and national insurance contributions thereon.[4]The claimant’s complaint of being automatically unfairly dismissed for making a protected disclosure is well-founded and succeeds. The claimant has no entitlement to a basic award as his dismissal was not one of those which attracts a minimum basic award for an automatic unfair dismissal. The claimant is entitled to a compensatory award for unfair dismissal in the sum of £37,900.00.REASONS
[1]The claimant attended in person and gave evidence under oath. The respondent is a company in administration. The administrators have confirmed that they consent to these proceedings continuing but have indicated that no evidence will be called on behalf of the respondent at any hearing.[2]The claimant began his employment with the respondent on 2 February 2015 and was dismissed on 4 January 2016. The Tribunal accepted the claimant’s evidence that the principal reason for his dismissal was that he had made protected disclosures to the respondent and the Health and Safety Executive. The Tribunal found that the claimant was automatically unfairly dismissed pursuant to section 100(1)(c) of the Employment Rights Act 1996. The claimant is not entitled to a minimum basic award. The claimant is entitled to a compensatory award in the sum of £37,900.00, based upon the length of time it will take the claimant to obtain employment at the salary which he was previously paid by the respondent.[3]The claimant was dismissed without notice. The Tribunal found that the claimant was entitled to three months notice in the sum of £13,500.00 per month net.[4]The Tribunal found that the respondent had failed to pay the claimant his accrued holiday pay, calculated in the sum of £6,750.00.[5]The Tribunal found that the respondent had made an unauthorised deduction of the claimant’s wages up to the date of his dismissal in the sum of £6,750.00. EMPLOYMENT JUDGE JOHNSON[1]The Tribunal Judgment on Remedy in this case was promulgated on 2 March 2017, following a hearing on 27 February 2017, at which the claimant appeared in person. The claimant’s evidence to the Tribunal on that occasion was that he had complained to the respondent about certain matters relating to health and Case Number: 2500669/2016 safety. The claimant believed (and the Tribunal found) that these amounted to protected disclosures. What the claimant had omitted to inform the Employment Tribunal was that the information contained in those disclosures was given by the claimant in his role as a representative on the respondent’s safety committee. Mr Lee today confirmed under oath that the information had been imparted in his capacity as a member of that committee. The Tribunal is satisfied that the principal reason for the claimant’s dismissal was because the claimant was performing functions as such a member of that committee. The claimant’s dismissal was therefore automatically unfair pursuant to section 100(1)(b) of the Employment Rights Act 1996.[2]Because of the principal reason for his dismissal, the claimant is entitled to a minimum basic award pursuant to section 120 of the Employment Rights Act 1996, in the sum of £5,807.[3]I order that paragraph 4 of the Judgement on Remedy promulgated on 2 March 2017 be amended to reflect the claimant’s entitlement to a minimum basic award. EMPLOYMENT JUDGE JOHNSON