Mr R Donohoe v Wheeler Electrical Ltd: 3312793/2021

EMPLOYMENT TRIBUNALS
Case No 3312793/2021
Mr R. DonohoeClaimantWheeler Electrical LimitedRespondent
Employment Judge McNeill QCMr M. Williams (instructed by Counsel) for claimantMs J. Danvers (instructed by Counsel) for respondentDate 17 October 2022

JUDGMENT

(1) The claimant’s claim for breach of contract is dismissed.(2) The claimant’s claim for unfair dismissal was conceded by the respondent and is well-founded.(3) The respondent is ordered to pay compensation for unfair dismissal to the claimant in the agreed sum of £980.20, made up of a basic award of £668.00 and a compensatory award of £312.20. The compensatory award, agreed by the parties, is calculated after taking into account a Polkey deduction of 70% and the Claimant’s claim for an uplift for a failure to comply with the applicable Acas code of practice.(4) The claimant’s application to amend his claim to include a claim in respect of a failure to pay the National Minimum Wage between June 2018 and July 2019 was consented to by the respondent and allowed by the tribunal. The application was made after determination of liability issues in the case and before issues of remedy were considered.(5) By consent, there is judgment for the claimant in respect of the respondent’s failure to pay the National Minimum Wage for the period from June 2018 to July 2019 in the agreed sum of £4,019.80. 1 of 2 Case Number: 3312793/2021