Mr E Bah v SGUK Ltd T/a Security Guards UK (in liquidation): 3303542/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The time for presenting a response having expired, no valid response having been presented, and on the basis of the information before Employment Judge R Lewis, it is ordered that the:[1]claim succeeds and the compensation to which the Claimant is entitled will be determined at a remedy hearing; and[2]Respondent is barred from participating in these proceedings except to ask for written reasons for a Judgment or Order or requesting the reconsideration of a Judgment or Order. Employment Judge R Lewis _____________________________ Date: 24.9.19[1]The claimant was unfairly dismissed by the respondent.[2]The claimant was wrongfully dismissed by the respondent.[3]The respondent has made an unlawful deduction from the claimant’s pay for the period 12 September to 31 October 2018 inclusive.[4]The respondent has failed to pay the claimant holiday pay for the period of one year before termination of employment.[5]The respondent is ordered to make to the claimant a total of £26,621.06 made up as follows:5.1 A basic award for unfair dismissal of £1,315.44 (calculated as £375.84 x 3.5);5.2 A compensatory award for unfair dismissal of £19,265.20;5.3 Damages for wrongful dismissal (3 weeks notice pay) of £1,127.52;5.4 In respect of unlawful deductions, the sum of £2,706.05, calculated as £375.84 x 7.15;5.5 In respect of arrears of holiday pay, an award of £2,206.85, calculated as £394.08 x 5.6. Case Number:3303542/2019 2 Note[6]I add the following information as to calculation.6.1 The effective date of termination of employment was 31 October 2018.6.2 The claimant’s gross and net weekly basic pay up to 1 April 2019 was £375.84.6.3 For purposes of calculating loss, gross and net weekly basic pay after that date were £394.08.6.4 The National Minimum Wage rates were £7.83 and £8.21 respectively in the years 2018-19 and 2019-20.6.5 The calculation of the compensatory award is: £500 for loss of statutory rights; and 47 weeks loss, from expiry of the notice period to date of this hearing, calculated as to £375.84 x 19 and £394.08 x 28, a total of £18765.20.6.6 The claimant’s National Insurance No. is SC404586C and he has received the following benefits: For the period 7 November 2018 to 8 January 2019 Jobseeker’s Allowance totalling £647.47; For the period 9 January 2019 to 18 October 2019 Employment Support Allowance totalling £2944.89. The compensatory award is for the period 21 November 2018 to 19 October 2019. The monetary award is £19,265.20 and the prescribed element is £18,765.20. The amount by which the monetary award exceeds the prescribed element is £500.00.