Mr D Lindley v Aztec AVA Limited — 2024

Employment Judge Leverton, sitting alone in Bristol (remotely by CVP) over 4-6 September 2024, found the Claimant's complaint of unfair dismissal well-founded. The tribunal held that the Claimant was unfairly dismissed in the context of a redundancy. Because the Claimant had already received a statutory redundancy payment, no basic award was made; instead, the Respondent was ordered to pay a compensatory award of £1,069.36, representing two weeks' net loss of earnings for the additional period that a fair redundancy dismissal procedure would have taken. Recoupment was held not to apply.

The tribunal also found that, when the proceedings began, the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. Applying section 38 of the Employment Act 2002, the tribunal concluded there were no exceptional circumstances making an award unjust or inequitable, but did not consider it just and equitable to award the higher amount of four weeks' gross pay. It therefore ordered the Respondent to pay £1,286, being two weeks' gross pay subject to the statutory cap of £643 per week for 2023/24.

Reasons were given orally at the hearing; written reasons will not be provided unless requested in accordance with the standard procedure. The judgment was sent to the parties on 23 September 2024.