Mr S Watson v The Sleeping Owl Hospitality Ltd: 4104541/2024
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material (which comprised a detailed witness statement from the claimant and productions (all of which were copied to the respondent who was given the opportunity to comment)) under rule 21:[1]The claimant was unfairly dismissed and is awarded (1) a basic award in the sum of £637.06 (two week’s gross pay (excluding relevant pension sums), of £318.53 x[2]and (2) a compensatory award in the sum of £11,130 (calculated as follows: 30 week’s past loss of £8,984.92 and future loss of 6 weeks (amounting to £1,795.08) plus £350 in respect of loss of statutory rights). 2. The recoupment regulations apply to the compensatory award given the claimant was in receipt of a relevant benefit. The prescribed element is £8,984.92. The prescribed period is from 13 December 2023 until 14 August 2024. The total unfair dismissal award is £11,767.06. The balance is £2782.14.[3]The respondent discriminated against the claimant pursuant to section 15 of the Equality Act 2010 by dismissing him and is awarded the sum of £5,850 by way of injury to feelings (there being no other losses under this head). Interest is awarded in the sum of £314.14 (calculated as follows: The award is £5850. The relevant date is 13 December 2023. The calculation date is 14 August 2024. That is 245 days. The judicial interest rate is 8%. Interest is therefore 245 x 0.08 x 1/365 x £5850 which is £314.14).[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £588.84 (2 weeks’ net pay at a rate of £294.42 per week which is the relevant net rate of pay for the period in question).[5]The respondent shall pay to the claimant holiday pay due to the claimant in the sum of £1,421.17 (which is 3.18 weeks’ worth of leave (which had accrued at the date of termination) x £446.91, the claimant’s average wage over the preceding 12 months). D Hoey