Mr R Lama v White Bear Rickmansworth Ltd: 3312523/2020

EMPLOYMENT TRIBUNALS

Case No 3312523/2020

Between

Mr R LamaClaimant

White Bear Rickmansworth LtdRespondent

Before

Employment Judge Cronin

In person for claimant

Date 4 August 2021

JUDGMENT

[1]The claim for a statutory redundancy payment succeeds. However the Claimant has received the statutory redundancy payment and no further payment is ordered.

[2]The claim for unfair dismissal succeeds and the Respondent is ordered to pay a compensatory award in the net sum of £563.28. This is a net award.

[3]The recoupment provisions do not apply to the unfair dismissal award.

[4]However, the claimant is not awarded any further compensation with respect to his unfair dismissal complaint because:a. the claimant is not entitled to a basic award as it is extinguished by the payment of a redundancy payment; and

b. there is no further compensatory award payable because the Tribunal decided that a 100% reduction in the compensatory award shall be made under the principles in Polkey v A E Dayton Service Limited

1988 ICR 142

on the basis that the claimant would have been fairly dismissed in any event, even if a fair procedure had been followed, albeit two weeks later. Case No: 3312523/2020

[5]The claim for breach of contract in relation to failure to pay correct notice pay succeeds and the claimant is awarded the net sum of £281.64

[6]The claim for unpaid holiday pay is not well-founded and is dismissed.

[7]The claim for loss of statutory rights is not well-founded and is dismissed.