Mr S Jonczyk v Eniti Ltd: 3400436/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims in the claim form succeed.[2]The Respondent is ordered to pay to the Claimant the total sum of £9396.11 calculated as set out in the Schedule below[3]The hearing listed on 21 August 2017 is cancelled SCHEDULE Claimant’s weekly average wages: - £436.58 - £556.33 Age at effective date of dismissal – 40 years’ old Employed from 01.05.2015 until 16.01.2017. Notice pay equivalent to 1 week’s pay in accordance with s.86 £436.58 Employment Rights Act (ERA) 1996 Failure to provide particulars of employment pursuant to s.1 ERA £2225.33 entitles Claimant to the compensation under s.38 Employment Act 2002 – 4 x gross weekly pay Unpaid holiday pay – 01.05.2016 to 30.04.2016 = 5.6 weeks £2444.84 Case No: 3400436/2017 Unpaid holiday pay – 01.05.2016 to 16.01.2017 = 260 days in £1741.95 employment = entitlement to 3.99 weeks Unfair dismissal basic element – s.119 ERA 1996 – over 1 full year £556.33 in employment = 1 x gross weekly pay Compensatory element for unfair dismissal – s.123 ERA £1991.08 (difference in salary comparing to the Claimant’s current employment (£360.00 net per week) for the period of 26 weeks = £76.58 x 26) TOTAL £9396.11 ………………………………………………..