Mr P Thompson v Blades Services Ltd: 3334355/2018 and 3334349/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 In default of a Response, the judgment of the Employment Tribunal is that:[1]The Claimant was unfairly dismissed by the Respondent;[2]The Claimant was wrongfully dismissed by the Respondent;[3]The Respondent failed to pay the Claimant the accrued holiday pay to which he was entitled.[4]The Respondent failed to provide the Claimant with an updated contract of employment pursuant to section 4 of the Employment Rights Act 1996. _____________________________ Employment Judge Chudleigh Date: 29 / 1 / 2019[1]The Tribunal heard evidence on oath and read documents provided by the parties. From the evidence heard and read the Tribunal determined as follows. Rule 21 Default Judgment[2]A liability judgment was made on 30 January 2019 in respect of the claims for Unfair Dismissal, Wrongful Dismissal (Notice Pay), Unpaid Holiday Pay and Failure to Provide Written Statement of Employment Particulars. Compensation[3]The Claimant is awarded £7,370.73 in compensation. A table below shows how this sum was calculated. The Respondent is ordered to pay this sum to the Claimant no later than 28 days from the date this judgment is sent to the parties. Case Number: 3334349/2018 3334355/2018 Page 2 of 3 Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[4]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties. Public Access to Employment Tribunal Judgments[5]The parties are informed that all judgments and reasons for judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and Respondent. Table of Calculation[6]The Tribunal awarded the sums set out below.[7]Unfair dismissal Basic Award 2 x 1.5 x £355.77 1,067.31 Compensatory Award Loss of Earnings 7 weeks x £306.97 2,148.79 Loss of Pension 7 weeks x £2.63 18.41 (20.07.18 to 06.09.18) Future Loss of Earnings 16 weeks x £183.49 2,935.84 (07.09.18 to 28.12.18) Loss of Statutory Rights 500.00 _______ 5.603.04 Increase of 12.5 for unreasonable failure to comply with the ACAS Code of Practice 700.38 _______ Total compensatory award 6,303.42 Case Number: 3334349/2018 3334355/2018 Page 3 of 3 Total Award £7,370.73[8]Wrongful Dismissal – article 3 Employment Tribunals Extension of Jurisdiction (E&W) Order 1994 The 2 weeks’ notice pay (2 x £306.97 = £613.94) is cancelled out by the award for loss of earnings award above).[9]Failure to Provide Written Statement of Employment Particulars. It was not just and equitable to make an award under section 38 Employment Act 2002.[10]Recoupment The Claimant did not claim benefits and the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. I confirm that this is my Judgment in the case of Mr P Thompson v Blades Services Ltd case no. 3334349/2018 and 3334355/2018 and that I have dated the Judgment and signed by electronic signature.