Mr P Solanki v Europromoters Ltd and Sanjay Kumar: 3304075/2018
JUDGMENT
[1]The complaint against the second respondent, Sanjay Kumar is dismissed. Europromoters was the claimant’s employer and is the correct respondent to the proceedings.[2]On the respondent Europromoters not having entered an appearance pursuant to Rule 21 of the Employment Tribunal Rules, judgment is entered for the claimant.[3]The tribunal finds the claimant’s claims for unfair dismissal, breach of contract in respect of notice, and an entitlement to payment in respect of accrued annual leave outstanding but untaken at the time of termination of employment, well founded.[4]On a finding of unfair dismissal, the tribunal awards the claimant: 4.1. a basic award of: £326.84; 4.2. a compensatory award of: £2,288.38; and 4.3. awards an uplift pursuant to s.207A of the Trade Union and Labour Relations (Consolidation) Act 1992, on a failure to comply with the ACAS Code, an uplift of 25%. The tribunal awards the claimant: £653.88. 4.4. The tribunal awards the claimant the total sum on a finding of unfair dismissal, of: £3,269.40. Case Number: 3304075/2018[5]The tribunal awards the claimant the sum of £406.73 in respect of accrued annual leave that remained untaken at the time of termination.[6]On the tribunal having awarded the claimant a compensatory award in respect of lost earnings to the date of hearing, on the claimant being entitled to three weeks’ notice on termination of employment, a payment in respect thereof having been made as part of the compensatory award, the tribunal, to avoid double recovery, does not make further award in respect of notice.[7]The tribunal awards the claimant the total award in compensation of £3,676.13.[8]The respondent Europromoters is ordered to pay to the claimant the sum of £3,676.13.