Mr G Wright v City Gate Construction (Scotland) Ltd: 4103352/2020
JUDGMENT
The judgment of the Tribunal is as follows.(1) The claimant was unfairly dismissed.(2) By consent, the respondent failed to provide the claimant with a statement of terms and conditions. The appropriate remedy under section 38(3) of the Employment Act 2002 is an award of 2 weeks’ pay.(3) By consent, the respondent failed to allow the claimant to be accompanied to a disciplinary hearing in breach of section 10 of the Employment Relations Act 1999. The appropriate remedy is an award of 2 weeks’ pay. Case No.: 4103352/2020 Page 2(4) All remaining issues of remedy and calculation will, by consent, be dealt with at a remedy hearing on 9 February 2022.(5) Oral reasons (including findings on certain other matters relevant to remedy) were given at the end of the hearing on 26 January 2022. JUDGMENT The judgment of the Tribunal on the remaining issues of remedy is as follows.[1]The claimant is awarded compensation for unfair dismissal as follows:a. a basic award of £1,614.00;b. a compensatory award of £10,177.03 (including the reductions and uplifts referred to in the previous judgment);c. no recoupment of benefits is necessary under the Employment Protection (Recoupment of Benefits) Regulations 1996. Case No.: 4103352/2020 Page 2[2]The claimant is awarded 2 weeks’ pay as compensation for the failure to provide him with a statement of particulars of employment, totalling £1,076.00.[3]The claimant is awarded 2 weeks’ pay as compensation for the failure to afford him his right to be accompanied, totalling £1,076.00.[4]The total award of compensation is therefore £13,943.03.[5]Oral reasons were given during the hearing for the Tribunal’s findings on disputed points.