Mr W D Fletcher v Duchy Farm Kennels Ltd: 2600076/2023
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the Claimant is entitled to a redundancy payment of £11,134.50.[2]The complaint of breach of contract in relation to notice pay is well founded. The Respondent shall pay the Claimant £6,662.88 as damages for breach of contract.[3]The complaint of unfair dismissal is well founded. The Claimant was unfairly dismissed. The Respondent shall pay the Claimant the following sums: 3.1. A compensatory award of £5,967.43.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply.(a) The total monetary award payable to the Claimant for unfair dismissal is £5,967.43.(b) The prescribed element is £4,273.97.(c) The period of the prescribed element is 10 February 2023 until 4 October 2023.(d) The difference between (a) and (b) is £1,693.46.[5]The complaint of unauthorised deductions from wages is well founded. The Respondent shall pay the Claimant £4,091.40 gross.[6]The complaint in respect of holiday pay is well founded. The Respondent shall pay the Claimant £1,185.60.[7]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 £2,284.00.[8]The total compensation payable by the Respondent to the Claimant is £31,325.81