In person For the v Mr John Clifton – Director — 2022

Mr John Parker brought claims including holiday pay, breach of contract and unfair dismissal against Swindon Grab Hire Limited. The case was heard remotely at Bristol on 24 and 25 November 2022 before Employment Judge Leverton sitting alone. The holiday pay claim was dismissed because it was withdrawn by the claimant.

The tribunal held that the respondent breached the claimant's contract by dismissing him without the four weeks' statutory notice required by s.86 of the Employment Rights Act 1996. It awarded £1,576 as net damages for the notice period under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, calculated as four weeks at £450 less £224 already received.

The unfair dismissal claim under s.94 ERA 1996 succeeded. The tribunal awarded a basic award of £1,305.60, being four weeks at £544 less 40% for contributory conduct under s.122(2) ERA 1996. It also awarded a compensatory award of £1,279.80, made up of £297 for net loss of earnings, £330 for loss of statutory rights, and £652.80 for failure to provide written particulars of employment under s.38 of the Employment Act 2002. The first two items were increased by 10% for failure to follow the Acas Code of Practice under s.207A TULR(C)A and then reduced by 40% for contributory conduct under s.123(6) ERA 1996. The tribunal recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.