Mr J J Cairns v Sporting Chance NE Ltd: 2502367/2023
JUDGMENT
The claimant’s claims for breach of s103A and s98, s13, and breach of contract (wrongful dismissal) succeed. By consent the claimants claim in respect of unpaid holiday pay succeeds and the respondent shall pay to the claimant £979.08. The respondent is ordered to pay: Unfair dismissal(a) in respect of unfair dismissal (i) a basic award of £3997 (ii) a compensatory element consisting of (a) from 30 June 2023 to 10 July 2023 (no award as awarded wrongful dismissal damages);(b) loss of pay from end of notice period (18 August 2023) to August 2024 of £4161.86;(c) loss of statutory rights £500. Wrongful dismissal (b) in respect of wrongful dismissal 7 weeks’ net pay (minus mitigation from 10 July 2023) £1108.14 (From 30 June 2023 to 9 July 2023, the claimant suffered loss at £452 net pw. Thereafter to 18 August 2023, £83 pw). Unlawful deductions (c) in respect of unlawful deductions from wages £2500 (gross), The Recoupment Regulations apply if the claimant claimed any benefits Recoupment Regulations apply to the award for unfair dismissal. The prescribed element in the 10.2 Judgment - rule 61 February 2018 Case No: 2502367/2023 compensatory element is £4161.86. The period prescribed is the 18 August 2023 to 2 June 2026. The excess of the prescribed element is £500. The annex to this judgment explains the operation of the Recoupment Regulations. D O’Dempsey