Mr D M R Rahman v Global Partners BD Ltd (T/a Wok and Fire): 6036496/2025
JUDGMENT
[1]The complaint of unfair dismissal pursuant to Section 94 of the Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed.[2]There is no deduction made in accordance with the principles in Polkey v AE Dayton Services Ltd [1987][3]The claimant did not cause or contribute to the dismissal by blameworthy conduct.[4]The claimant’s complaint of unauthorised deduction from wages is not well founded and is dismissed.[5]The claimant’s complaint of holiday pay is well founded. Page 1 of 2 Case Number: 6036496/2025[6]The respondent is ordered to pay the claimant the sum of £9258.52 for all heads of claim that are well founded.[7]Full oral reasons were given for the Judgment including remedy at the hearing The sum of £9258.52 is broken down as set out below:[8]The respondent shall pay the claimant the sum of £810 for failing to pay the claimant for holidays accrued but not taken. The claimant is responsible for paying any tax or National Insurance.[9]The respondent shall pay the claimant the following sums arising from the unfair dismissal claim:(a) A basic award of £1832.22(b) A compensatory award of £6616.30.[10]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £8448.52b. The prescribed element is £6616.30c. The period of the prescribed element is from 9 May 2025 to 11 June 2026.