Darren McHenry v Livingston Decorating Co Ltd: 4111061/2019

EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No 4111061/2019Venue EdinburghHearing 4 December 2019
Darren McHenryClaimantLivingston Decorating Co LtdRespondent
Employment Judge Rory McPhersonDate 4 December 2019

JUDGMENT

The unanimous judgment of the Employment Tribunal is that[1]the claimant’s claims for redundancy, unfair dismissal and breach of contract succeed; and[2]the respondent is ordered to pay the monetary award in respect of statutory redundancy in the sum of Eight Hundred and Two Pounds (£802.00); and[3]the respondent is ordered to pay, in respect of unfair dismissal, the total sum of Eight Hundred and Forty Five Pounds (£845.00), compromising of a NIL Basic Award, in respect that is met by the statutory redundancy award, together with a Compensatory Award of £645.00 in respect of loss of earnings and £200.00 loss of statutory right. In terms of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 the prescribed period is 6 April 2018 to 21 April 2018 and the prescribed element is £645.00 and as the monetary sum exceeds the prescribed element by TWO HUNDRED POUNDS (£200) that sum is payable immediately to the claimant; and E.T. Z4 (WR)[4]The respondent is ordered to pay, in respect of breach of contract relating to notice in terms of s86 of the Employment Rights Act 1996, the sum of Six Hundred and Two Pounds (£602.00).

REASONS

Oral reasons were given at the hearing. Date of Judgement: 4th December 2019