Mr C Graham v KW4 Shere: 3313176/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Claimant is entitled to a basic award of £1,929.[3]The Claimant is entitled to a compensatory award of £510.67. This is made up of 1 week’s net pay.[4]The Claimant is entitled to a payment for loss of statutory rights of £500.[5]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the Claimant's wages in the period 1 September 2022 – 30 September 2023.[6]The Respondent shall pay the claimant £1060.89 which is the net sum deducted.[7]The respondent shall also pay the claimant £101 to compensate the Claimant for financial loss attributable to the unauthorised deduction.[8]The total award payable to the Claimant by the Respondent is therefore £4,101.56. Case No: 3313176/2023[9]Note that these are actual the sums payable to the Claimant after any deductions or uplifts have been applied.REASONS
[9]I have permitted the Claimant’s application for reconsideration to the extent that this version of the Judgment now more clearly reflects the findings and decision that I made at a hearing on 20 December 2024. I have made no new decision or finding in writing this Judgment.[10]One of my central findings was that the Claimant had the requisite two years in continuous service for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 2006, permitting him to bring a claim for unfair dismissal. This means that the Claimant’s length of service should no longer be a barrier to his request for redundancy payment from the Redundancy Payment Service, as it seemingly has been so far.[11]The redundancy award is the same value as the basic award for unfair dismissal, and the Claimant confirmed she would continue to seek that payment from the RPS, rather from the Respondent, who is in voluntary liquidation.[12]Paragraph 7 of this Judgment reflects that intention of the Claimant, and the fact that there should not be double recovery ie once the money is received from the RPS, £2,172.56 is outstanding from the Respondent. If, for whatever reason, the RPS do not pay, the total award of £4,101.56 would be outstanding from the Respondent.[13]If either party requests fuller reasons setting out my substantive decision regarding TUPE and unfair dismissal, then they may write to the Tribunal within 14 days of receipt of this Judgment requesting that. Case No: 3313176/2023 Approved by