Mr D Stephen v The Office Crowd Ltd: 4107148/2023
JUDGMENT
ON REMEDY The claims for unfair dismissal, a statutory redundancy payment and notice pay as damages for breach of contract were all upheld in a prior judgment issued 25 under rule 21 on 12 January 2024. The judgment of the Tribunal on remedy is as follows.(1) The claimant is entitled to compensation for unfair dismissal as follows:a. no basic award, given the effect of section 122(4)(a) ERA 1996 30 (the claimant is awarded a statutory redundancy payment below);b. a compensatory award, including pension loss, of £16,102.80;c. a 25% uplift to the compensatory award under s.207A TULRCA 1992 because of the respondent’s unreasonable failure to follow the provisions of the ACAS Code of Practice on Disciplinary and 35 Grievance Procedures, of £4,025.70. Case Number: 4107148/2023 Page 2(2) A statutory redundancy payment of £1,286 (2 weeks’ gross pay at the maximum weekly rate of £643 per week);(3) Compensation for unpaid notice pay as damages for breach of contract of £5,463.51, and a 25% uplift to that award under s.207A TULRCA 1992 5 because of the respondent’s unreasonable failure to follow the provisions of the ACAS Code of Practice on Disciplinary and Grievance Procedures, of £1,365.88.(4) The claimant did not receive any relevant state benefits and so the Employment Protection (Recoupment of Benefits) Regulations 1996 do 10 not apply.(5) Oral reasons were given at the hearing. There was no request for written reasons. M Whitcombe _____________________________ 15 Employment Judge M Whitcombe Date of Judgment 21 March 2024 Entered in register 20 and copied to parties 22 March 2024