R Stratfull v Matrix Fire and Security Ltd: 6010682/2025
JUDGMENT
[1]The complaint of failure to pay a redundancy payment is not well-founded and is dismissed. The claimant was not entitled to a redundancy payment under section 163 Employment Rights Act 1996.[2]The complaint of breach of contract in relation to notice (wrongful dismissal) is well-founded. The respondent shall pay the claimant £5,538.43 as damages for breach of contract. This is the actual sum payable to the claimant after any deductions or uplifts have been applied. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[3]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[4]There is a 95% chance that the claimant would have been fairly dismissed in any event.[5]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 20% in 1 of 2 Case Number: 6010682/2025 accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[6]The claimant caused or contributed to the dismissal by blameworthy conduct and it is just and equitable to reduce the compensatory award payable to the claimant by 75%.[7]It is just and equitable to reduce the basic award payable to the claimant by 75% because of the claimant’s conduct before the dismissal.[8]The respondent shall pay the claimant the following sums:(a) A basic award of £2,524.03.(b) A compensatory award of £451.28. Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied.[9]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the compensatory award for unfair dismissal:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £2975.31.b. The prescribed element is £451.28.c. The period of the prescribed element is from 8 February 2025 to 12 May 2026.d. The difference between (a) and (b) is £2,524.03. Approved by: