in person The v Ms K Jefford, lay representative — 2019

At the hearing in Exeter on 15 and 16 August 2019 before Employment Judge Goraj, the tribunal corrected the respondent's name to Mr Z Akbayir t/a Ocean Drive Restaurant. It found that the claimant had been dismissed by reason of redundancy and was entitled to a statutory redundancy payment under section 139 of the Employment Rights Act 1996. The award was calculated at £1,500, based on 5 x gross weekly salary of £300.

The tribunal also upheld the unfair dismissal claim contrary to section 98(4) of the Act and awarded a compensatory award of £528. That figure was made up of one week's net salary for the consultation period (£264) and one further week's net salary (£264) for loss of statutory rights. It further found that the claimant had been wrongfully dismissed in breach of contract in respect of notice and awarded damages of £1,056, calculated as 4 weeks' net salary at £264 per week.

The claimant's complaint of unlawful deductions from pay contrary to section 13 of the Act, brought in respect of holiday pay, was dismissed. The tribunal recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply, and the total sum awarded to the claimant was £3,084.