Mr D Sullivan v Advanced Marble & Granite UK Ltd: 2502370/2023
JUDGMENT
[1]The Claimant’s claim for a redundancy payment under section 163 Employment Rights Act 1996 is well-founded and succeeds.[2]The Claimant’s claim of unfair dismissal is well-founded and succeeds.[3]The Claimant’s claim for unlawful deduction of wages / notice pay is not well-founded and is dismissed.[4]The Claimant’s claim for holiday pay is dismissed upon withdrawal.[5]At the date of commencement of proceedings, the Respondent was in breach of section 1 Employment Rights Act 1996 requiring provision of a written statement of particulars of employment. Case Nos:2502370/2023 REMEDY Redundancy payment[6]The Respondent is ordered to pay to the Claimant a statutory redundancy payment in the sum of £625 (being the difference between the amount payable, £5,626.80 and the amount actually paid, £5,001.80). Unfair dismissal[7]Pursuant to section 122(4) Employment Rights Act 1996, the Basic Award is reduced to zero by the amount of the statutory redundancy payment. The Tribunal considers it is not just and equitable to make a compensatory award as the Claimant would have been fairly dismissed in any event one week later but would have been entitled to no payment in that period due to his refusal to work during his notice period. Section 38 Employment Act 2002[8]The Respondent is ordered to pay the Claimant the minimum amount (two weeks pay) of £833.60 under section 38(3) Employment Act 2002.[9]The total amount to be paid to the Claimant is £1,458.60.