Mr G Krason and Others v RSM Castings Ltd (in voluntary liquidation): 3314136/2022 and Others Mr G Krason and Others v RSM Castings Ltd (in voluntary liquidation): 3314136/2022 and Others
JUDGMENT
The judgment of the Tribunal is as follows: Notice Pay[1]The complaint of breach of contract in relation to notice pay for the Claimants detailed below is well-founded.[2]The respondent shall pay the following Claimants the following as damages for breach of contract:-2.1 Andrew Sadler £2898.00 as damages for breach of contract. This figure has been calculated using gross pay.2.2 Adrian Andrews £366.00 as damages for breach of contract. This figure has been calculated using gross pay.2.3 Neil Packman £1,148.00 as damages for breach of contract. This figure has been calculated using gross pay.2.4 Natalie Mallard £510.00 as damages for breach of contract. This figure has been calculated using gross pay. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimants for holidays accrued but not taken on the date the claimant’s employment ended.[4]The respondent shall pay the following Claimants the following gross sums and the Claimants are responsible for paying any tax or National Insurance:-4.1 Andrew Sadler the sum of £172.20.4.2 Adrian Andrews the sum of £70.47.4.3 Neil Packman the sum of £51.50. Unfair Dismissal[5]The complaints of unfair dismissal are well-founded. The following claimants were unfairly dismissed.[6]There is a 100 % chance that the claimants would have been fairly dismissed in any event.[7]The respondent shall pay the claimant the following sums:(a) A basic award of £00.00 as the Claimants have received payments for redundancy pay from the Secretary of State which cancels out any basic award.(b) A compensatory award paid on a net basis as follows to the following Claimants:- ( i) Andrew Sadler - £726.50. ( ii ) Neil Packman - £524.05. (iii) Natalie Mallard - £445.64. (iv) Deivdas Samaskuas - £428.65. Protective Awards[8]The complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA) is well founded and succeeds.[9]The Respondent is ordered to pay a protective award to the following Claimants who were dismissed as redundant;9.1 Andrew Sadler9.2 Neil Packman9.3 Natalie Mallard9.4 Adrian Andrews9.5 Wilfred Jones9.6 Robert Chyrc9.7 Andrew Collins9.8 Deivdas Samaskuas9.9 Gregorz Krason9.10 Guntis Stepans[10]The protective period begins on 23 November 2022 and was for a period of 90 days. The reference period for which the award should be made in relation to the Claimant is a period of 90 days;[11]The Respondent is ordered to pay to the following Claimants gross pay in the following amounts:-11.1 Andrew Sadler - £16,479.0011.2 Neil Packman - £11,408.4011.3 Natalie Mallard - £11,809.8011.4 Adrian Andrews - £11,944.8011.5 Wilfred Jones - £14,706.9011.6 Robert Chyrc - £11,648.7011.7 Andrew Collins - £10,244.7011.8 Deivdas Samaskuas - £9,023.4011.9 Gregorz Krason - £10,200.6011.10 Guntis Stepans - £12,534.30[12]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply to this Judgment. ……………………………..