Mr B Swygart v Crest Communication Ltd: 3302281/2022
JUDGMENT
[1]The claimant was unfairly dismissed by reason of redundancy.[2]The ACAS Code of Practice: Disciplinary and Grievance Procedures 2015 does not apply to redundancy dismissals, so no uplift is appropriate.[3]To award notice pay and the compensatory award from the date of dismissal would amount to double recovery for the same period so no award for notice pay is made.[4]The basic award is the same calculation as the redundancy payment and not awarded twice where the dismissal is unfair.[5]The total award will therefore be £10,153.31 calculated as follows: Unpaid wages – November 2021 £2227.33 gross Accrued holiday pay £617 gross Unfair dismissal Basic Award 3 weeks pay @ £514 per week gross £1542 gross Compensatory Award Losses from the date of dismissal 30 November 2021 To the 24 January 2022 when the claimant obtained new Employment The prescribed element: 8 weeks at £401.37 net per week £3210.98 Case No: 3302281/2022 10.2 Judgment - rule 61 February 2018 Loss of statutory rights £500 Total award for unfair dismissal £5252.98 Failure to provide written statement of terms And conditions 4 weeks pay @ £514 per week £2056 TOTAL £10,153.31