Mr M Gregory v Tecno Sport Ltd: 3300032/2020
JUDGMENT
Pursuant to rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[1]The complaints of unfair dismissal, breach of contract, unpaid accrued annual leave and unauthorised deductions from wages are all well founded.[2]The respondent shall pay to the claimant the following: Breach of contract (failure to give notice of dismissal) 4 week’s net pay = £4011.04 Less £1007.64 state benefits paid = £3003.40 Unfair dismissal A basic award of £525 x 1 x 1.5 (claimant aged over 41) = £787.50 A compensatory award of: Loss of earnings for 48 weeks (48 x £1002.76) = £48,132.48 Loss of pension contributions = (52 weeks at £28.85 per week) = £1,500.02 Loss of car = (52 weeks at £188.92) = £9,823.84 (I do not grant the loss of petrol expenses: this is not a loss arising out of dismissal because the claimant would have had to buy the petrol. If not driving for work, he would not have bought the petrol.) Unauthorised deductions from wages: January to August 2019 shortfall (£44,711.61 due, less £38,559.00 paid) = £6152.61 gross + September 2019 (one month) = £5769.24 gross Total: £11,921.85 Case Number: 3300032/2020 Unpaid accrued annual leave (as compensation for breach of contract where in excess of the statutory 28 days leave): 41 days at a daily rate of £288.46 gross = £11,826.86[4]The total to be paid by the respondent to the claimant is £86,995.95