Mr J Mathew v Sark Service Station (Jet): 3305581/2020
JUDGMENT
[1]The claimant was unfairly dismissed in breach of s94 Employment Rights Act 1996.[2]The claimant’s claim for breach of contract in respect of his notice period (i.e. his wrongful dismissal claim) fails.[3]The claimant succeeds in his claim for pay equivalent to accrued and outstanding annual leave entitlement, under regulation 13 Working Time Regulations 1998 succeeds.[4]The claimant is awarded compensation as follows: Unfair dismissal £ £ Basic award - 2,123.82 Compensatory award - Loss of earning (equivalent to notice period) 9 weeks x 27.23hrs p/w @ £8.21 p/h 2,012.02* 10.2 Judgment - rule 61 Case No: 3305581/2020 - Loss of statutory rights 350.00 - ACAS uplift of 5% 118.10 Total compensation for unfair dismissal 4,603.94 Unpaid annual leave 26 days @ 8 hrs/day x £8.21 p/h 1,707.68* 6,311.62[5]The Respondent shall pay the claimant £6,311.62 as compensation for unfair dismissal and shortfall in pay for annual leave. *These amounts are calculated gross so may be liable for tax and national insurance deduction, as appropriate.