Mr E Guntert and Mr J Guntert v Arrow Scaffolding (Oxford) Ltd: 3302922/2024 and 3302923/2024
JUDGMENT
(1) The Claimants’ application to amend their claims to include a claim for compensation pursuant to s. 38 of the Employment Act 2002 succeeds.(2) The Claimants’ claims for (i) a redundancy payment; (ii) compensation for breach of contract; and (iii) compensation pursuant to s. 38 of the Employment Act 2002 (the Respondent having failed to provide a compliant statement of the particulars of the Claimants’ employment pursuant to ERA 1996, s. 1) all succeed.(3) The First Claimant’s Claim of (i) unauthorised deductions from wages and (ii) pay in lieu of accrued but untaken holiday succeed.(4) The Respondent shall pay to the First Claimant, Mr. Edmund Guntert, the sum of £31,410.00, being:a. £19,290 redundancy payment;b. £7,200 compensation for breach of contract;c. £2,400 compensation pursuant to s. 38 of the Employment Act 2002;d. £120 in relation to the unauthorised deduction from the First Claimant’s wages;e. £2,400 pay in lieu of accrued but untaken holiday.(5) The Respondent shall pay to the Second Claimant, Mr. James Guntert, the sum of £12,172.00, being a. £2,572 redundancy payment; b. £7,200 compensation for breach of contract; c. £2,400 compensation pursuant to s. 38 of the Employment Act 2002. Approved by: