Mr H Israel v Connect Care and Support Ltd (T/a Encore Health and Coghlan Lodges): 3327860/2019
JUDGMENT
[1]The claimant was an employee of the respondent at all relevant times.[2]The claimant was constructively dismissed by the respondent on 22 October 2019.[3]The claimant was unfairly dismissed by the respondent.[4]The respondent breached the claimant’s contract of employment when failing to pay him any notice pay.[5]The respondent made unlawful deductions from the claimant’s wages during the employment.[6]The respondent breached the Working Time Regulations 1998 in regard to the claimant’s holiday pay. 1 of 3 REMEDY Unlawful deductions from wages[1]The award for unlawful deductions from wages during the employment (including ACAS uplift of 10%) is £8686.93. This is a gross sum, payable by the respondent less appropriate deductions for tax and NI at source. Notice pay[2]The award for notice pay (including 10% uplift) is £1996.34 (This is a net sum payable without deductions). Holiday pay[3]The award for holiday pay (including 10% uplift) is £2218.15. This is a gross sum payable by the respondent less appropriate deductions for tax and NI at source. Unfair dismissal4.1 The basic award for unfair dismissal is £2362.50. This is payable without deductions.4.2 The compensatory award for unfair dismissal is as follows;4.2.1 Loss of statutory rights; £5004.2.2 Loss of earnings from 12 November 2019 (the date his 3 week notice would have expired (which he has already been paid for above)) to 11 November 2020 (when the claimant not acting unreasonably should have mitigated his losses): £19,030.154.2.3 Polkey and/or just and equitable reduction of 50% to reflect likely drop in hours of claimant after 12 November 2019. £9,515.084.2.4 Compensatory award £9,515,08.4.2.5 Total compensatory award after ACAS Uplift, including loss of statutory rights (plus ACAS uplift): £11,016.59 Total unfair dismissal award (basic award and compensatory award) £13,379.09[5]The Recoupment Regulations do not apply. _ _____________________ 2 of 3