Mr K Maris v JELD-WEN UK Ltd: 6002127/2023
JUDGMENT
[1]By consent, on 10 July 2023 (at 06:50) the claimant made a disclosure to the respondent which was a protected disclosure for the purposes of Part IVA of the Employment Rights Act 1996 (‘the 1996 Act’).[2]The principal reason for the respondent’s dismissal of the claimant on 14 July 2023 was because of the disclosure referred to in paragraph 1. Accordingly, the claimant’s complaint brought pursuant to section 103A of the 1996 Act that the respondent unfairly dismissed him succeeds.[3]Remedy 3.1. There shall be no basic award, the claimant having insufficient qualifying service for the purposes of section 119(1) of the 1996 Act. 3.2. The respondent shall pay to the claimant a compensatory award in the sum of £9,916.84 calculated as follows: 16 weeks loss of earnings from 14 July 2023 to 30 November 2023 (calculated upon the basis of a net salary of £1,360 per week inclusive of car allowance together with employer pension contributions of 3% of gross salary) - £22,435.00 Less two weeks remuneration received from the respondent for the period from 14 July 2023 to 31 July 2023 - £2,801.60 Less earnings in alternative employment at £1,125.73 per week net from 16 October 2023 to 30 November 2023 - £7,880.11 Net loss - £11,753.29 Add 25% uplift for failure to comply with the ACAS Code of Practice:1: Disciplinary and Grievance Procedures (2015) pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 - £2,938.32 £14,691.61 Less reduction of 10% for lack of good faith pursuant to section 126(6A) of the 1996 Act - £1,469.16 £13,222.45 Less reduction of 25% for contributory conduct pursuant to section 123(6) of the 1996 Act - £3,305.61 Total payable £9,916.84[4]The claimant’s application for a Preparation Time Order made pursuant to Rule 75(2) of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 is dismissed following withdrawal by the claimant.