Mr L Smith v Brimington Testing Centre Ltd: 2601803/2016

EMPLOYMENT TRIBUNALS
Case No 2601803/2016
Mr L SmithClaimantBrimington Testing Centre LtdRespondent
Employment Judge MilgateMr T Herbert (instructed by Counsel) for claimantDate 8 February 2017

JUDGMENT

[1]The Respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay the Claimant the sum of £383.22, representing one week’s gross wages for the week beginning 11 July 2016.[2]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to the Claimant in the sum of £368, representing one week’s net wages (£320) plus an uplift of 15% (£48) as a result of the Respondent’s failure to follow the 2015 ACAS Code on Disciplinary and Grievance Procedures.[3]The Respondent has failed to pay the Claimant’s holiday entitlement and is ordered to pay the Claimant the sum of £766.44 representing 2 weeks’ gross holiday pay.[4]The Respondent was in breach of its duty to provide a written statement of particulars of employment to the Claimant and is ordered to pay to the Claimant £766.44 representing 2 weeks’ gross pay.[5]The Claimant was unfairly dismissed. The Respondent is ordered to pay compensation of £2,414.76 to the Claimant. This award is comprised of a basic award of £804.76 and a compensatory award of £1,610. These figures are calculated as set out in the schedule to this Judgment.[6]The Respondent is ordered to pay costs to the Claimant under Rule 75(1)(b) of the 2013 Rules of Procedure in the sum of £1,200 in respect of the issue and hearing fee paid by the Claimant in these proceedings.[7]The total payable by the Respondent to the Claimant pursuant to this Judgment is £5,898.86.