Mr Nathaniel Mdhluli v Bills Restaurants Ltd: 2501310/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim for unfair dismissal is well founded and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed for 29 January 2018 at 09:45am at 2nd Floor, Kings Court, Earl Grey Way, Royal Quays, North Shields, Tyne and Wear NE29 6AR is cancelled. A Remedy Hearing is to be listed with an estimated length of two hours before an Employment Judge sitting alone at North Shields 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 9 October 2017 are revoked.[3]The claimant is ordered to bring to the remedy hearing a statement of all sums claimed from the respondent and two copies of all documents relied on to support such claims.[4]The respondent will only be able to partake in the Remedy Hearing to the extent permitted by theREASONS
[1]The claimants filed a claim with the Tribunal on 8 October 2017 which was served on the respondent on 9 October 2017.[2]The respondent has failed to file any response to the proceedings. Case Number: 2501310.2017[3]The claimant claims various sums from the respondent which need to be proved and therefore I conclude that a Remedy Hearing is required.[1]The claimant was awarded a Judgment under Rule 21 on 7 November 2017 in respect of unfair dismissal.[2]A Remedy Hearing was directed and came before me this morning.[3]I heard evidence from the claimant who expressed a wish to receive the remedy of compensation.[4]I calculate that the claimant is entitled to a basic award of compensation calculated in accordance with the provisions of section 119 of the Employment Rights Act 1996 (“the 1996 Act”) in the sum of £996.90 being his gross weekly wage at dismissal of £332.30 multiplied by 3 as he had Case Number: 2501310/2017 completed three full years’ service with the respondent when dismissed on 15 August 2017.[5]I calculated the compensatory award in accordance with section 123 of the 1996 Act. The claimant found other work on 11 September 2017 and there is no ongoing loss. I award 4 weeks net pay in the sum of £1107.68 being £276.92 weekly net pay from the respondent at dismissal multiplied by four. In addition I award £350 for loss of statutory rights and £50 for the expenses of seeking alternative employment. That gives a compensatory award of £1507.68.[6]I accept that the claimant was offered the right of appeal against the decision to dismiss and that he attended an appeal hearing at the end of August 2017. I accept that the claimant has still not received any written outcome of that appeal hearing. That is a breach of paragraph 29 of the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015. Pursuant to the provisions of section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 I increase the compensatory award by 5% to reflect that breach. The increase amounts to £75.39. That gives a total compensatory award of £1583.07.[7]The total award of compensation is: Basic Award £ 996.90 Compensatory award £1583.07 Grand Total £2579.97[8]The claimant did not receive any state benefits in the period between his dismissal and beginning his new employment and therefore the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award.