Mr D Hannibal v Anglo Precision Engineering Co Ltd: 3334932/2018
JUDGMENT
Employment Tribunal Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed by the respondent on 15 October 2018 by reason of redundancy.[2]The respondent is ordered to pay to the claimant a compensatory award for unfair dismissal of £5,006.40 calculated as 6 weeks gross weekly wages at £730.70 per week and plus a further £622.20 being the weekly shortfall in income he received of £103.70 per week during the following 6- week period up to December 2018.[3]The claimant’s claim for damages for breach of contract, namely notice pay, succeeds and the respondent is ordered to pay to the claimant £6,448.08 being an award for damages for breach of contract calculated at the net weekly rate of £537.34 for the contractual notice period of 12 weeks.[4]The claimant’s claim for holiday pay fails and is dismissed because no claim for holiday pay is made in the claim form presented to the Tribunal. I note, that unhelpfully, the Tribunal requested from the claimant by letter dated 13 February 2019 details of the amount claimed as accrued holiday pay. However, the Tribunal has no jurisdiction to consider any claim for holiday pay if such a claim was not made in the claim form.[5]The Recoupment Regulations apply to the compensatory award at paragraph 2. above. The total monetary award is £5,006.40. The amount of the prescribed element is £5,006.40. The period to which the prescribed element relates is 15 October 2018 to 3 December 2018.[6]The amount by which the total monetary award (unfair dismissal) exceeds the prescribed element is nil. Case Number: 3334932/2018