Employment Judge JonesIn person for claimantNo representation for respondentDate 5 May 2022
JUDGMENT
[1]The claim was not presented within the relevant time limit. It was not reasonably practicable for it to have been presented within the time limit and it was presented within a further reasonable period.[2]The Tribunal has jurisdiction to consider the following complaints: Unfair dismissal Breach of contract Unlawful deduction of wages Failure to pay holiday pay Failure to provide written terms and conditions of employment.[3]It is this Tribunal’s judgment that those claims are well-founded. The claimant succeeds in his complaints.[4]The claimant is entitled to a remedy for his successful complaints. The Tribunal will issue a separate remedy judgment in this matter. REMEDY JUDGMENT[1]By a judgment dated 28 April 2022, the claimant succeeded in his complaints of unfair dismissal, breach of contract, unlawful deduction of wages, failure to pay holiday pay and a failure to provide written terms and conditions of employment.[2]The claimant is awarded the following remedy for his successful complaints. Gross Weekly pay £433.33 Dates of employment: 1.4.2017 – 20.4.2021 (4 years) Age at time of dismissal: 32 (DOB: 7.8.88) Notice pay (breach of contract) 4 x 433.33 = £1,733.32 Basic Award: 1 x 4 x £433.33 = £1, 733.32 Compensatory Award: Unpaid wages 14 - 20 April [6 days x £86.66 (gross daily pay)] = £ 519.99 21 days annual leave outstanding – 21 x £86.66 = £1,819.86 Case No: 3206320/2021 Outstanding pension contributions - 12 x £48.53 = £ 582.36 Loss of use of company vehicle – (estimate) = £ 300.00 = £3,221.22 Loss of statutory rights: = £ 250.00 Failure to provide written terms and conditions of employment: (Employment Rights Act section 124A and Employment Act 2002, Schedule 5) 4 x £433.33 = £1,733.32 Subtotal: £8,672.17 (Application of ACAS uplift of 10% for breaches of the ACAS Code of Practice – no consultation, no notice, no consideration of alternatives to redundancy) £8,672.17 x 10% = £867.21£8,672.17 + £867.21 = £9,539.38[3]The claimant is entitled to a remedy payment of £9,539.38.[4]The respondent receives credit for payments of £2,730.12 already paid to the claimant post termination of his employment contract.[5]The respondent is to pay the claimant the balance of £6,809.26 forthwith as the balance of his remedy for his successful complaints.