Mr D Sangare v Kingdom of Sweets Ltd: 6004902/2024
JUDGMENT
(1) The complaint of breach of contract (notice pay) is well-founded. The respondent shall pay the claimant the sum of £9,391.94 less deductions for income tax and national insurance.(2) The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. The respondent shall pay the claimant the following sums:a. A basic award of £8,050.00.b. A compensatory award of £12,289.96.c. Additionally a loss of statutory rights assessed as £500.(3) The complaint of failure to pay the claimant annual leave entitlement is well- founded. The respondent shall pay £1,707.63, less deductions for income tax and national insurance. - 1 -REASONS
[1]This is an undefended claim.Findings of fact
[2]The Claimant’s dates of employment were 11 November 2014 to 13 May 2024.[3]The Claimant was a store manager. He received an email saying that the Respondent was in administration. There was no process in relation to his dismissal, nor has he received redundancy pay, notice pay or pay for annual leave.[4]Based on payslips which cover an eight week period which run to 3 May 2024, I have calculated that the Claimant’s gross weekly pay was £853.81 and his net weekly pay was £646.84. Quantum[5]The Claimant’s contract provided for 11 weeks’ pay, based on his length of service of 9 weeks plus two weeks. The figure above is calculated as 11 x £853.81.[6]The basic award above is calculated using statutory formula in relation to the claimant’s age and period of employment, in which the gross weekly pay figure is capped at £700. This is the same as the figure for a redundancy payment. The Claimant cannot recover both.[7]I find that with reasonable efforts the Claimant will be able to obtain employment with a rate of pay commensurate with his employment for the Respondent by a period 30 weeks after the date of his dismissal. This represents a further 19 weeks after the end of the 11 week period of notice pay calculated above. The compensatory award is calculated based on 19 x £646.84.[8]The figure for loss of statutory rights reflects that it will take some time for the Claimant to build up the right to bring a claim of unfair dismissal in new employment.[9]As to annual leave, I have calculated 2 weeks annual leave, 2 weeks x £853.81.