Mr A Sztuczka v Fire Technical Services Ltd: 2501935/2024
JUDGMENT
[1]The claim of unfair dismissal is well-founded and succeeds.1.1 The amount of the Basic Award is zero: 1.1.1 The Claimant was dismissed by reason of redundancy and received a statutory redundancy payment, negating any basic award.1.2 The amount of the Compensatory Award is zero:1.2.1 The chances that the Claimant would have been fairly dismissed had the Respondent fairly applied its selection criteria were 60% meaning that any losses would have to be reduced accordingly.1.2.2 The Claimant, having been paid 8.6 weeks’ pay in lieu of notice covering the period 17 April 2024 to 17 June 2024 and having secured new employment at a higher wage from the beginning of June 2024 had sustained no financial losses.[2]The claim of wrongful dismissal is dismissed on withdrawal.[3]The claim for outstanding holiday pay on termination of employment is not well-founded and is dismissed.[4]The claims of harassment related to race and direct race discrimination are not well-founded and are dismissed.