Michael Nesbit v Pringle Building Services Ltd: 2502487/2019
JUDGMENT
[1]The claim of wrongful dismissal (notice pay) is well founded and succeeds. The Respondent is ordered to pay the Claimant damages for breach of contract of £4,687.50 (being £1,250 a week gross x 3 = £3,750; uplifted by 25% under section 207A Trade Union and Labour Relations Act 1992 [‘ACAS uplift’].[2]The claim of unfair dismissal is well founded and succeeds. The Respondent is ordered to pay the Claimant £10,725, consisting of:2.1 A Basic Award of £1,5752.2 A Compensatory Award of £9,150 (£7,320 uplifted by 25% by way of ACAS uplift)[3]The claim under regulation 30 Working Time Regulations/section 23 Employment Rights Act 1996 in respect of outstanding holiday pay is well founded and succeeds. The Respondent is ordered to pay the Claimant the gross sum of £1,175.34 (being £156.71 x 3 = £940.27 uplifted by 24% ACAS uplift)[4]The claim of unlawful deduction of wages in respect of pay due in respect of the first and final weeks of employment is well founded and succeeds. The Respondent is ordered to pay the Claimant the sum of £2,937.50 (being £1,100 in respect of the first week of employment lying on, £1,100 in respect of the week 1 of 2 Case Number: 2502487/2019 ending 05 July 2019 and £150 car allowance for that week = £2,350 uplifted by 25% ACAS uplift).[5]The total amount of the above awards due to the Claimant is £19,525.34.[6]The Claimant has not claimed any benefits and the recoupment provisions do not apply.