Mr MD S Talukder and Mr G Hughes v ISS Facility Services Ltd: 3202625/2020 and 3212856/2020
JUDGMENT
[2]The Respondent wrongfully dismissed the Claimants.[3]The Respondent was in breach of contract and made unauthorised deductions from wages by failing to pay the First Claimant at a rate of £14.23 per hour for at least 48 hours per week.[4]The Respondent was not in breach of contract and did not make unauthorised deductions from wages by failing to offer the Second Claimant 60 hours of work per week.[5]The Claimants’ claims in respect of failures to provide written statements of changes to particulars of employment are struck out. 1 of 2 Case Numbers: 3202625/2020 & 3212856/2020 V[6]By 19 March 2021 the Claimants are to serve on the Respondent and file with the Tribunal new Schedules of Loss.[7]By 9 April 2021 the Parties are to serve on each other and file with the Tribunal any further evidence relevant to remedy in their possession, including: any witness statements; documents which show the detail of the Claimants’ entire income and benefits received since their dismissal; documents which show how the Claimants have mitigated their losses; and any evidence relevant to anticipated retirement dates.[8]The case will be listed for a hearing to determine remedy on 22 April 2021 with a time estimate of 3 hours. REMEDY JUDGMENT The First Claimant (Sumsul Talukder)[1]The Respondent is ordered to pay the First Claimant £33,730.28 for unauthorised deductions from wages.[2]The Respondent is additionally ordered to pay the First Claimant £37,542 for unfair dismissal.[3]No separate award is made to the First Claimant for wrongful dismissal.[4]For the purposes of the Employment Protection (Recoupment of Benefits) Regulations 1996, in respect of the First Claimant:(1) The total monetary award for unfair dismissal is £37,542;(2) The prescribed element is £27,602.15; 1 of 2 Case Numbers: 3202625/2020 & 3212856/2020 V(3) The prescribed element relates to 7 July 2020 to 22 April 2021;(4) The amount by which the total monetary award for unfair dismissal exceeds the prescribed element is £9,939.85. The Second Claimant (Gerard Hughes)[5]The Respondent is ordered to pay to the Second Claimant £35,164 for unfair dismissal.[6]No separate award is made to the Second Claimant for wrongful dismissal.[7]For the purposes of the Employment Protection (Recoupment of Benefits) Regulations 1996, in respect of the Second Claimant:(1) The total monetary award for unfair dismissal is £35,164;(2) The prescribed element is £18,549.89;(3) The prescribed element relates to 7 July 2020 to 22 April 2021;(4) The amount by which the total monetary award for unfair dismissal exceeds the prescribed element is £16,614.11.