Mr P Read v S K Wright Building Contractors Ltd: 3306547/2019
JUDGMENT
[1]The claimant was dismissed by the employer under s95 ERA 1996 on 27 December 2018. The dismissal was by reason of redundancy. The claimant is entitled to a redundancy payment.[2]The claimant was dismissed by the employer in breach of the duty to give notice under his contract and/or under s86 ERA1996.[3]The respondent breached s1 ERA 1996 by failing to give the claimant a statement of employment particulars within 8 weeks of commencement of employment (in breach of s38 EA 2002). REMEDY[1]The claimant is awarded a redundancy payment from the respondent of £1524 (to be paid without deductions). 1 of 2 Case Number: 3306547/2019[2]The claimant is not entitled to an award for loss of notice pay (as he fully mitigated his loss).[3]The claimant is awarded 3 weeks’ pay for breach of s1 ERA 1996 and s38 EA 2002 in the sum of £1740.[4]The Recoupment Regulations do not apply. Note: interest will ordinarily accrue on these awards if payment is not made within 42 days.