Mr C Brown v Hyden UK Ltd: 3201423/2023
JUDGMENT
[1]The Claimant was unfairly dismissed by the Respondent.[2]The Claimant was wrongfully dismissed. His claim for breach of contract succeeds.[3]The Claimant is entitled to a remedy for his successful claim. This will be decided at the remedy hearing which is listed on 20 February 2024 at 10am for 1 day together with the Claimant’s complaint in respect of holiday pay. REMEDY JUDGMENT[1]The respondent failed to pay accrued holiday pay and is ordered to pay the claimant the net sum of £362.08. The respondent is responsible for the payment of any tax or National Insurance contributions.[2]The respondent failed to pay the claimant notice pay. The respondent is ordered to pay the claimant the agreed net sum of £1559.80. The respondent is responsible for the payment of any tax and National Insurance contributions on the gross amount of Post Employment Notice Pay of £1725.00.[3]The claimant was unfairly dismissed by the respondent and the respondent is ordered to pay the claimant the sum of £20,845.10 calculated as follows: Basic Award(i) The agreed sum of £2587.50. Compensatory Award(ii) Loss of statutory rights - £300.(iii) Loss of pension rights/benefits - £658.76(iv) Loss of wages between 6 July 2023 and 20 February 2024 of £9426.15 after 25% deduction for the claimant’s failure to mitigate loss.(v) Future losses of £5179.90 Total £14606.05(vi) The respondent unreasonably failed to comply with the ACAS Code Case Number: 3201423/2023 of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. Total compensatory award - £18,257.60[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award.[5]The total sum ordered to be paid to the claimant is £22,766.98.