Mr S Barnes v PTM International Ltd: 3322332/2021
JUDGMENT
[1]The Respondent breached the Claimant’s contract by dismissing him without the week’s statutory notice due under section 86 of the Employment Rights Act 1996. The Tribunal orders the Respondent to pay the Claimant £675 (subject to appropriate deductions for tax and national insurance) as damages for his notice period under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (SI 1994/1623) (the ‘Extension of Jurisdiction Order’).[2]The Claimant is entitled to a payment in lieu of 7.6 days’ unused annual leave outstanding on the termination of his employment under regulation 14 of the Working Time Regulations 1998 (SI 1998/1833), calculated at a gross daily rate of £135. The Tribunal orders the Respondent to pay the Claimant £1,026 (gross) for his unused holidays.[3]The Respondent has breached the Claimant’s contract by failing to reimburse him for his petrol costs. The Tribunal orders the Respondent to pay the Claimant £30 as damages for breach of contract under the Extension of Jurisdiction Order.[4]The Respondent breached its duty under section 1 of the Employment Rights Act 1996 to give the Claimant a written statement of particulars of employment. The Tribunal awards the Claimant two weeks’ pay under section 38 of the Employment Act 2002. The limit on a week’s pay at the relevant time was £544 and the Tribunal therefore awards £1,088. Case No: 3322332/2021[5]The claim for reimbursement of the costs of an ADR course is not wellfounded and is dismissed.