Dr P Ghahari v Cenobiologics Ltd: 3314605/2022
JUDGMENT
[1]The claimant was dismissed by reason of redundancy and the respondent is ordered to pay him a redundancy payment of £6,852.[2]The claimant was dismissed in breach of contract in respect of notice pay the respondent is ordered to pay damages to the claimant in the sum of £5,463.68.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £2,185.47.[4]The claimant was in breach of contract in failing to return to the respondent a laptop and an iPhone and the claimant is ordered to pay damages to the respondent in the sum of £445.53.REASONS
[1]The claimant’s redundancy payment, notice pay and holiday pay claims were agreed.[2]The claimant accepted he was in breach of contract in failing to return the respondent’s laptop and iPhone. Case Number: 3314605/2022[3]The respondent produced evidence that the replacement cost of a new similar laptop and iPhone was £891.06.[4]However, had the claiment complied with the contract the respondent would have received back a second hand laptop and iPhone. In my judgment these clearly had a value. Doing the best I can I have discounted the new value by 50% to reflect the second hand value. Accordingly there will be judgment on the employer’s counterclaim for the respondent in the sum of £445.53.[5]The respondent may off-set the judgment sum in its favour against the judgment sums for the claimant when paying.