Mr P Raju v Applemed Ltd: 3203835/2022
JUDGMENT
[1]The Claimant’s claim for unfair dismissal succeeds. The reason for the Claimant’s dismissal was redundancy but no fair procedure was followed. The claimant was able to find alternative work at a similar rate of pay so is not entitled to a compensatory award. The Claimant is awarded a redundancy payment which is equivalent to the basic award.[2]The Claimant’s claim for a redundancy payment succeeds. The Respondent is ordered to pay to the Claimant a redundancy payment of £1050.53 calculated based on a gross monthly salary of £2276.15 x 12 = £27313.80 divided by 52 = £525.27 x 2 = £1050.53. The Claimant was 37 and had 2 years completed service.[3]The Claimant’s claim for an unlawful deduction from wages succeeds.[4]In relation to the Claimant’s claim for outstanding salary the Tribunal declares that the Respondent unlawfully deducted from the Claimant’s pay for December 2021 the gross sum of £ 2276.15. The Claimant’s last day of employment was 3 January 2022 as confirmed in his P45. The Respondent is ordered to pay tax and NIC to HMRC for the December pay and pay the net sum of £1853.05 to the Claimant.[5]In relation to the Claimant’s claim for a bonus payment the Tribunal declares Case Number: 3203835/2022 that the Respondent unlawfully deducted the gross sum of £678.93 from the Claimant December bonus payment. The Respondent is ordered to pay tax and NIC to HMRC for the December bonus and pay the net sum of approximately £509.20 to the Claimant. This figure is based on the bonus paid in December 2021.[6]In relation to the Claimant’s claim for holiday pay the Tribunal declares that the Respondent unlawfully deducted £840.42 from the Claimant’s pay for 8 days holiday entitlement due on termination. The holiday pay has been calculated £27313.40 gross annual salary divided by 260 working days = £105.05 x 8 = £840.42. The Respondent is ordered to pay tax and NIC to HMRC for the holiday pay and pay the net sum of approximately £630.32 to the Claimant.[7]The total gross sum the Respondent is ordered to pay is £4846.03.