Mr K McKee v Structural Membranes Specialists Ltd: 3202489/2019
JUDGMENT
[1]The Claimant’s claim for unfair dismissal made under Section 94 of the Employment Rights Act 1996 is well founded and succeeds.[2]The total unfair dismissal remedy to which the Claimant is entitled is £2038.13 comprising:a. A basic award of £1400, after a reduction of 2/3 made under Section 122(2) of the Employment Rights Act 1996 to the figure of £4200 calculated in accordance with Section 119 Employment Rights Act 1996;b. A compensatory award of £638.13, after a reduction of 2/3 made under Section 123(6) of the Employment Rights Act 1996 to an award calculated as follows : i. Net loss of income : £1050 ii. Loss of pension : £31.50 Case Number: 3202489/2019 iii. Loss of statutory rights: £450 iv. ACAS increase of 25% (Section 207A TULRCA) £382.88 Subtotal £1914.38 v. Reduction of £1914.38 by 2/3 (Section 123(6) ERA) £638.13[3]The protected period is from 14 September 2019 to 2 October 2019. The protected award during this period is £1050.[4]The Claimant’s claim under Section 38 of the Employment Act 2002 (failing to provide notice of change of employment particulars) is well founded. The appropriate award is £1050, being two weeks’ pay.