Mr O C Brown v Duchy Farm Kennels Ltd: 2600075/2023
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the Claimant is entitled to a redundancy payment of £8,820.00.[2]The complaint of breach of contract in relation to notice pay is well founded. The Respondent shall pay the Claimant £4,774.08 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 the Claimant the followings sums: 4.1. A compensatory award of £7,625.09.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply.(a) The total monetary award payable to the Claimant for unfair dismissal is £7,625.09.(b) The prescribed element is £5,600.07.(c) The period of the prescribed element is from 10 February 2023 to 4 October 2023.(d) The difference between (a) and (b) is £2,025.02.[6]The complaint of unauthorised deductions from wages is well founded. The Respondent shall pay the Claimant £2,940.00 gross.[7]The complaint in respect of holiday pay is well founded. The Respondent shall pay the Claimant the sum of £294.00.[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 £1,960.00.[9]The total compensation payable by the Respondent to the Claimant is £26,413.17