Mr W Verity v ABC Demolition (Group) Ltd (in voluntary liquidation): 6014339/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £9,283.83 (being 3 x net monthly salary of £3,094.61).[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £3200 (being 16 days’ gross salary).[3]When the proceedings were begun the respondent was in breach of its 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 £1400 (being 2 x the statutory cap of £700).[4]The claimant was unfairly dismissed. For unfair dismissal, the Respondent is ordered to pay the Claimant £19,310.66 (which is broken down as follows):a. Basic Award: 1.5 x 7 x £700 (statutory cap) = £7,350b. Loss of Statutory Rights: £500c. Losses until getting new job: 26 x £714.14 minus £9283.83 = £9283.81d. Losses after getting new job: 17 x (£714.14 minus £586.09) = £2176.85e. No award is made for cost of “Gold Card” because the Claimant has failed to prove that he has had to pay for it himself.[5]The Recoupment Regulations apply as follows. Case No: 6014339/2024a. They apply only to the Unfair Dismissal award (paragraph 4 of the judgment above) and not to the other awards (paragraphs 1 to 3 above).b. They only apply to the period before 2 December 2024, on the basis that the Claimant was not claiming relevant benefits from that date. (If, in fact, the Claimant was claiming relevant benefits after that date, he must notify the Tribunal and the DWP immediately, as a recalculation might be necessary in those circumstances).c. Prescribed Element: £9283.81d. Prescribed Period: 1 June 2024 to 1 December 2024e. Total unfair dismissal award £19,310.66. Total award of all claims £33,194.49.f. Balance of unfair dismissal award £10,026.85. Total balance of all claims £23,910.68.[6]Thus the sum which the Respondent must pay immediately is £23910.68, and the remainder to be held back in accordance with the Recoupment Regulations (see appendix) is £9283.81. Approved by :