Mr K Gatens v Riverside Beach Hotel Ltd: 2501624/2023
JUDGMENT
[1]Mr. Gatens’ claim of unfair dismissal is well founded and succeeds;[2]Mr. Gatens is awarded the following sums: a) Total award £3639.65, calculated as set out below. b) Basic award (unfair dismissal) £3377.88 less contributory fault deduction of 25%, = £2533.41. c) Compensatory award (unfair dismissal) £1061.54 loss of earnings plus £400 loss of statutory rights and £111.75 loss of pension and Class 1 NIC. d) The following adjustments to the total Compensatory award were made in this order; 25% Polkey deduction to reflect the likelihood of dismissal had correct procedures been followed, 25% addition for a failure of the employer to follow statutory procedures, 25% deduction for contributory fault, Total adjusted compensatory award is £1106.24.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply. a) The monetary award for unfair dismissal is £3639.65. b) The prescribed element from the date of dismissal to the date of the remedy hearing is, £796.16. c) The applicable dates for the prescribed element are 29th of April 2023 to 27th of November 2023. d) The difference between the total monetary award and the prescribed element is £2843.50.