G Haynes v SCB (Skip Hire) Ltd: 3303376/2021
JUDGMENT
[1]The complaint of unfair dismissal is well founded and succeeds.[2]The respondent is ordered to pay the claimant:a. A basic award of £1,923.08b. A compensatory award of £25,000 calculated as follows: i. Financial losses = £31,732.32 ii.Applying the ACAS uplift (£31,732.32 x 20% pursuant to section 207A(2) Trade Union and Labour Relations (Consolidation) Act 1992) = £38,078.75 iii. Applying the statutory cap of 52 weeks’ pay = compensatory award of £25,000 Unlawful deductions from wages[3]The complaint of unlawful deductions from wages is well founded and succeeds.[4]The respondent is ordered to pay the claimant arrears of pay in the gross sum of £2,083.33 (that is, before any deductions for tax and national insurance as appropriate). Case No:3303376/2021 Holiday pay claim[5]The complaint of failure to pay holiday pay is well founded and succeeds.[6]The respondent is ordered to pay the claimant the gross sum of £778.83 (that is, before any deductions for tax and national insurance as appropriate). Wrongful dismissal[7]The complaint of wrongful dismissal is well founded and succeeds.[8]No separate award is made over and above the compensatory element of the unfair dismissal award. Failure to provide written particulars of employment[9]The respondent is ordered to pay the claimant the sum of £1,947 being the higher award under section 38 Employment Act 2002. Recoupment[10]For the purposes of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 Regulations the Prescribed Period is 31 December 2020 to 16 June 2022. The Total Award payable is £31,732.32 and the Prescribed Element is £20,600 and the sum of £11,132.32 is due to be paid to the Claimant immediately. Total due[11]Therefore, the total amount to be paid to the Claimant is £31,732.32.