Mr A Caldwell v Mr D Edwards (a sole trader) T/a Stonebridge Surfaces Direct: 6010132/2025
JUDGMENT
[1]The correct name of the respondent is Mr Damion Edwards (a sole trader) trading as Stonebridge Surfaces Direct[2]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £686.40.[3]The respondent failed to pay the claimant his full notice of entitlement of 2 weeks’ pay. The respondent must pay him £207.02 (his notice entitlement of £448.88 less the £241.86 already paid by the respondent).[4]When the proceedings were begun the respondent was in breach of his duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £457.60.[5]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[6]Remedy for unfair dismissal: S.122(4) of the Employment Rights Act 1996 applies – no basic award is made for the unfair dismissal because the Tribunal has awarded the claimant a statutory redundancy payment. The respondent must pay the claimant a compensatory award for the unfair dismissal of £224.44.[7]The total amount payable by the respondent to the claimant without deduction of tax or national insurance is £1575.46 calculated as follows:a. Statutory Redundancy Payment £686.40b. Notice Pay £207.02c. Failure to provide written particulars of employment £457.60d. Compensatory award for unfair dismissal £224.44 Recoupment[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award payable to the claimant is £1575.46b. The prescribed element is £224.40.c. The period of the prescribed element is from 11 November 2024 to 13 May 2026.d. The amount by which the monetary award exceeds the prescribed element is £1351.06. Approved by: