Mr M Hicken v Mr N Ackerman and Mrs P Ackerman: 3301611/2023 and 3301881/2023
JUDGMENT
[1]The reason for the claimant’s dismissal was redundancy a potentially fair reason falling within section 98 Employment Rights Act 1996.(‘ERA’).[2]The respondents acted fairly in all of the circumstances of the case in treating that reason as a sufficient reason for dismissal within section 98(4) ERA.[3]Had the tribunal found the dismissal unfair, when dealing with remedy, it would have found that dismissal would have occurred in any event, within the same time period.[4]Leave to amend to bring a claim for unpaid holiday pay was refused.[5]The claimant has failed to prove that he was owed money in reimbursement of expenses and such claim fails and is dismissed.[6]The claimant was given approximately 3 months notice, more than his contractual entitlement. There was no breach of contract and the claim for wrongful dismissal fails and is dismissed.[7]The tribunal has no jurisdiction to determine a complaint relating to an alleged ‘data breach’ which is dismissed. Case No: 3301611/2023 & 3301881/2023[8]The tribunal is satisfied that the claimant has behaved unreasonably in the conduct of these proceedings within the meaning of Rule 76 Employment Tribunal Rules 2013.[9]Having taken into account the claimant’s means it orders the claimant to pay £10,000 towards the respondents costs.