Mr S Bedford v D Houghton Ltd T/a King Landscapes (In Voluntary Liquidation): 3306414/2022
EMPLOYMENT TRIBUNALS
Case No 3306414/2022
Between
Mr S BedfordClaimantD Houghton Ltd T/a King Landscapes (In Voluntary Liquidation)Respondent
Before
Employment Judge Tynan
Members
Mr A Fryer and Mr R BaberIn person for claimantNot represented for respondentDate 2 February 2024
JUDGMENT
[1]The Claimant’s complaints that he was unfairly constructively dismissed contrary to sections 94 and 98, and section 100(1)(e) of the Employment Rights Act 1996 succeed.[2]The Claimant’s further complaint that he was unfairly constructively dismissed contrary to section 100(1)(c) of the Employment Rights Act 1996 is not well founded and is dismissed.[3]The Claimant’s complaint that the Respondent subjected him to detriments for the reason set out in section 44(1A)(b) of the Employment Rights Act 1996:(a) succeeds in whole in respect of the detriments alleged in paragraphs 1, 3, 5, 6, 7, 9, 10, 12 and 15 of the ‘Constructive dismissal’ section of his ‘Background’ document at pages 43 to 44 of the Hearing Bundle; and(b) succeeds in part in respect of the detriment alleged in paragraph 8(a) thereof. Case Number: 3306414/2022[4]The Claimant’s remaining complaints that the Respondent subjected him to detriments in contravention of sections 44(1)(c) and 44(1A)(b) of the Employment Rights Act 1996 are not well founded and are dismissed.[1]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the Claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[2]The Respondent shall pay the Claimant the following sums:(a) A basic award of £1,177.88.(b) A compensatory award of £19,938.60. Note that these are actual the sums payable to the Claimant after the above uplift has been applied. Case Number: 3306414/2022[3]The total sum awarded to the Claimant is therefore £21,116.48 (gross).