Mr Jagdeep Singh v Rummy Transport Ltd — 2022

Mr Jagdeep Singh’s claims for holiday pay and notice pay were withdrawn by him and were dismissed by the tribunal on that basis. The tribunal also refused the respondent’s postponement application and refused the claimant’s application to strike out the response, but those procedural rulings did not affect the substantive outcome on liability.

The tribunal held that Mr Singh was unfairly dismissed by Rummy Transport Ltd. It found that it was not just and equitable to reduce the award for any blameworthy conduct by the claimant, and it further found there was no percentage chance that he could have been fairly dismissed. The respondent was found to have unreasonably failed to comply with the ACAS Code, so a 20% uplift was applied to the compensatory award.

On remedy, the tribunal recorded that the basic award of £2,371.15 was agreed. The compensatory award of £2,342.20 was calculated by reference to 10 weeks’ loss of net pay, less £1,500 earned in temporary work, plus four months’ ongoing loss at £52.50 per week, less £785.76 received as an ex gratia payment on dismissal, plus £98.59 for lost employer pension contributions, with the 20% ACAS uplift included. The tribunal also ordered £350 for loss of statutory rights, bringing the grand total payable to £5,063.35.