Mr A F Marin v Pioneer FM Ltd: 3309573/2022
JUDGMENT
ON REMEDY The judgment of the Tribunal is as follows:[1]The claimant’s claim of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following:(a) A basic award in the sum of £2448.00.(b) A compensatory award in the sum of £10,500.00.[2]The recoupment regulations do not apply because the award for unfair dismissal is made upon the agreement of the parties and with their consent. The total monetary award for unfair dismissal is £12,948.00.[3]The claimant’s claim of breach of contract in relation to 1-months’ notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £3750.00 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.[4]The claimant’s claim of unpaid wages is well founded and the respondent is ordered to pay the claimant the sum of £3750.00. This figure has been calculated using gross monthly pay and the respondent is to deduct from that amount the required sum payable to HM Revenue and Customs for Income Tax and National Insurance. Case No. 3309573/2022[5]The claimant’s claim of unpaid holiday pay is well founded and the respondent is ordered to pay the claimant the sum of £3634.60. This figure has been calculated using gross monthly pay and the respondent is to deduct from that amount the required sum payable to HM Revenue and Customs for Income Tax and National Insurance.[6]The Tribunal also found that the respondent was in breach of its duty under Section 38 of the Employment Act 2002 to provide the claimant with full and accurate written particulars of employment and is ordered to pay the claimant the sum of £1730.76, the amount equal to 2-weeks pay. Judge Cowx 14 March 2023