Mr D Redpath v Yourway Transport Ltd and others: 3308957/2022
JUDGMENT
[1]The claim for direct discrimination because of age fails and is dismissed. No claims remain against the second and third respondents.[2]The claimant was dismissed by reason of redundancy and that dismissal was unfair.[3]The first respondent has not shown that there was a chance that a fair dismissal would have occurred and there will be no reduction to the compensatory award on that basis.[4]The claimant’s contractual notice period was 12 weeks and he was given that notice.[5]The first respondent has underpaid the claimant for statutory redundancy pay in the sum of £405.[6]The claimant has not shown there was an underpayment of holiday pay connected to commission payments and no award is made for that claim.[7]Even if the claimant had been entitled to sums by way of underpayment of holiday pay, there would have been no award because the first respondent had overpaid the claimant in his final pay. 10.2 Judgment - rule 61 Case No: 3308957/22 Remedy[1]The claimant is awarded the sum of £93,878, being the statutory cap on the compensatory award in unfair dismissal. This sum is agreed to have been calculated using figures for net loss of earnings after dismissal.[2]The claimant is also awarded the sum of £405 being an underpayment of statutory redundancy pay. It is ordered that these sums are paid by the first respondent to the claimant. Approved by