Mr K Shanks v BR1618 Ltd: 4101427/2020
REASONS
BR1618 Ltd and the designation was therefore undefended present nor represented. Page 2 The claim is undefended further information. Correct respondent respondent. Introduction 1 2 3 5 4 6 10 15 20 25 Findings in fact 10 9 8 7 Issues 1 1 The T ribunal makes the following findings in fact from the evidence presented to the Tribunal. determined in this case are as follows: It was agreed that the claims before the Tribunal and the issues discrimination way for her friend. On that basis, the claimant withdrew the claim for age basis of his claim was that the director had dismissed the claimant to make discrimination” The being withdrawn and should be dismissed. sufficient qualifying service to claim unfair dismissal and that this claim was claimant had less than 2 year’s service he accepted that he did not have had been dismissed by the director to make way for one of her friends. As the The claimant had sought to claim ordinary unfair dismissal as he believed he At the outset of the hearing we discussed the claims before the Tribunal. b. Other sums: Was the claimant a. Notice pay: to what notice was the claimant entitled and what sums claimant failure to provide the claimant with a written statement of particulars? payment and this had been ignored) and to 2 or 4 weeks pay given the relation to Disciplinary and Grievance respondent’s notice if his employment were to end and he had not been paid this. argued that he had been told that he was due to be given 2 month’s are due, the claimant having been dismissed summarily? The claimant and consented to its dismissal. he had not set out any claim for age discrimination. also failure to comply with the ACAS Code of Practice accepted that other entitled matters (as he had asked for than to an uplift due to the ticking the box “age The real to be in 12 The claimant was engaged as premises manager by the respondent from 27 of his employment. The claimant asked on multiple occasions for his written refused to provide the he was a manager, his notice period would be 2 months. This meant the employer or the employee required to give 2 month’s notice to end the 15 On 15 February 2020 the claimant was summarily dismissed. There was no any notice. He was dismissed because his manager wanted to employ her 16 Despite repeated requests for payment by the claimant for the sums due both work but did not 13 The claimant was not issued with a written statement of particulars in respect that given procedure that led to the claimant’s dismissal and he was dismissed without verbally and in writing, the respondent refused to pay the claimant or engage His gross monthly pay is therefore £510 multiplied by 52 which is £26,520 17 The claimant earned the gross amount of £510 a week from the respondent. of his employment the claimant sought alternative The respondent 14 The claimant was told at the commencement claimant with a copy of his written contract. September 2019 until 15 February 2020. 18 His net weekly pay was £456 a week. contract during his employment. divided by 12 which is £2,210. 19 Following his dismissal, secure alternative work. contract. with him. friend. 10 15 25 5 20 Notice pay Law 23. Under section 207A of the Trade Union and Labour Relations (Consolidation) 22. An employee is not entitled to be paid notice if the employee 21. Failure to pay contractual 20. If the parties agreed a greater period of notice, the greater period of notice 19. Section 86 of the Employment employer fails to engage in that process. payment grievance matters. A failure to comply would occur where an employee seeks which includes the ACAS Code of Practice in relation to disciplinary employer unreasonably pay notice pay), a Tribunal can increase an award made by up to 25% if the Schedule A2, which includes a claim for breach of contract (such as failure to Act 1992 where a claim that is made is one of those which featured Uplift requires to be evidence to support said summary termination. misconduct contract in respect of which an award could be made. would become the contractual notice period. of employment, he is entitled to a minimum of 2 week’s statutory notice. minimum period of notice. For the claimant, given he has 2 complete years in writing from his employer which would justify summary termination of the contract. There failed to comply with a relevant Code of Practice, notice when due would amount to a breach of Rights Act 1996 provides employees of sum contractually due and the is guilty of with a and in 24. Under section 38 of the Employment Act 2002 a Tribunal can increase an award made in claims that are set out in Schedule 5 (which includes claims for breach of contract) by 2 weeks or 4 weeks (if it is just and equitable to do was to end. I am satisfied therefore that he is entitled to 2 month’s notice. He was not given that notice, and there is no The claimant is therefore entitled to 2 month’s notice under his contract. He The gross sum is awarded given the impact of the taxation regime upon the Given the claimant had repeatedly asked for payment and such requests had not been met, I find that the claimant is entitled to an uplift in respect of the by the respondent to comply with the ACAS Code in this regard and it is just and The claimant was told that he was due to receive (and give) 2 month’s notice equitable to award the claimant an uplift of 25% which would be a further is therefore due to be paid £2,210 x 2 which is £4,420 by way of notice pay. so), where no written statement of particulars was given to the claimant. failure The total sum to which the claimant is entitled is therefore £5,525. was an unreasonable Unreasonable failure to comply with the ACAS Code evidence to challenge his right to receive this. Failure to provide written statement There 25. 1 shall deal with each issue in turn. in the event his employment award of 25%. Decision and reasons Notice pay foregoing £1,105. award. 20 21 22 10 15 20 5 25 30 26 25 In summary the respondent shall pay to the claimant:- Summary 2002. In this regard he is awarded 4 x £510 which is £2,040. the claimant 4 week’s gross pay under section 38 of the Employment given he had repeatedly asked for a copy, I am satisfied that it is just to award Finally, as the respondent had not been issued with written particulars Failure to provide written statement of particulars (2) Compensation (1) 2 month’s notice pay increased by 25% resulting in the total gross sum the gross sum of £2,040. of £5,525; and in respect of the failure to issue a written statement in Act and