Mr M Bassett v Excel Plastering (Ilford) Ltd: 6019798/2024
JUDGMENT
[1]The Claimant’s claim of unfair dismissal is well founded and succeeds.[2]The tribunal finds that had the Respondent acted fairly it could and would have fairly dismissed the Claimant by reason of redundancy on 28 November 2024 and that the compensatory award made under Section 123 of the Employment Rights Act 1996 should be reduced to reflect that finding.[3]The Claimant’s claim for breach of contract (dismissal without lawful notice being given) succeeds.[4]The Claimant’s claim for unlawful deduction of wages is well founded. The Respondent deducted the Claimant’s wages in full for the period between 20 September 2024 and 6 November 2024 the date that the Claimant’s resignation took effect.[5]The Claimant’s claim for holiday pay brought under Regulation 30 of the Working Time Regulations 1998 is dismissed.[6]The Tribunal is satisfied that the Claimant did not claim or receive any relevant benefit and accordingly the Employment Protection (Recoupment of Benefits) Regulations 1996 have no application to these claims.[7]The Claimant is entitled to a basic award calculated as follows: The Claimant was employed between 1 September 2008 and 6 November 2024 that is 16 full years of which the Claimant was over the age of 41 for 14 years. The Claimant’s Gross pay was £910.00 per week. His basic award is therefore ((2) + (14x1.5)) = 23 x £700 (the relevant statutory cap that is a sum of £16,100.00. The said award extinguishes any right the Claimant might have for a redundancy payment.[8]The compensatory award is calculated as follows: 8.1. The Claimant could and would have been fairly dismissed on 28 November 2024 by being given lawful notice of 12 weeks. 8.2. The wages that the Claimant has lost as a consequence of his dismissal are the wages between 6 November 2024 when he resigned and 28 November 2024 pl. A total of 3 weeks and 1 day. The Claimant’s Net weekly pay was £691.36. 3 1/7 x £691.36 = £2,172.84. For the avoidance of doubt whilst the Claimant could not have been fairly dismissed without notice of 12 weeks being given the compensatory award does not include this as the Claimant has recovered this loss in his breach of contract claim below. 8.3. The tribunal declines to make an award for loss of statutory rights in circumstances where the Claimant would have lost any rights through a fair dismissal in any event.[9]The Respondent deducted the sum of £910.00 from the Claimant’s wages each week between 20 September 2024 and 6 November 2024 a period of 6 weeks and 5 days. The Claimant is entitled to wages of 6 5/7 x £910.00 (the Claimant’s gross pay) that is £6,110.00.[10]The loss and damage suffered by the respondent’s breach of contract in failing to give him 12 weeks’ notice is 12 x £910 = £10,920.00[11]The Respondent is ordered to pay the Claimant: 11.1. A basic award of £16,100.00 AND 11.2. A compensatory award of £2,172.84 AND 11.3. A sum of £6,110.00 in respect of the claim of unlawful deduction of wages (which shall be paid less any deductions required by law) AND 11.4. A sum of £10,920 for breach of contract reflecting notice pay (which shall be paid less any deductions required by law) Employment Judge Crosfill Dated: 8 April 2026 Note Summary reasons for the judgment above having been given orally at the hearing, written summary reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.