Mr A M Horne v Duchy Farm Kennels Ltd: 2600074/2023
JUDGMENT
[1]Under section 163 of the Employment Rights Act 1996 it is determined that the Claimant is entitled to a redundancy payment of £7,425.00.[2]The complaint of breach of contract in relation to notice pay is well founded. The Respondent shall pay the Claimant the sum of £4,020.00 as damages for breach of contract.[3]The complaint of unfair dismissal is well founded. The Claimant was unfairly dismissed.[4]The Respondent shall pay to the Claimant the following sum: 4.1. A compensatory award of £23,400.00.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:(a) The total monetary award payable to the Claimant for unfair dismissal is £23,400.00.(b) The prescribed element is £13,668.00.(c) The period of the prescribed element is from 27 January 2023 until 4 October 2023.(d) The difference between (a) and (b) is £9,732.00.[6]The complaint of unauthorised deductions from wages is well founded. The Respondent shall pay to the Claimant the sum of £2,550.00 gross.[7]The complaint in respect of holiday pay is well founded. The Respondent shall pay the Claimant the sum of £340.00.[8]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to 2 weeks gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to 4 weeks gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the Claimant £1,800.00.[9]The total compensation payable by the Respondent to the Claimant is £39,535.00