Mr O O’Donnell v Whisperdale Sporting Club Limited — 2020

This was a Rule 21 judgment in which Employment Judge D N Jones found that Mr O’Donnell was unfairly dismissed by Whisperdale Sporting Club Limited. The tribunal awarded compensation for unfair dismissal of £1,807.68, made up of a basic award of £1,307.68 and a compensatory award of £500 for loss of statutory rights. The judgment records that the claimant had six continuous years’ service, a gross weekly wage of £326.92, and was 24 years old at the effective date of termination.

The tribunal also found that the respondent had made unauthorised deductions from wages and ordered payment of the gross sum of £5,028.30. The judgment explains this figure by reference to the sums £4,250, £2,777.36, and £659.75, less £3,323.51, described as the grossed-up equivalent of net wages paid of £2,658.81. In addition, the tribunal found that the claimant was dismissed in breach of contract in respect of notice, but held that he had mitigated his losses and so awarded no damages on that claim.

On the remaining claims, the tribunal found that the respondent had failed to pay holiday entitlement and ordered payment of £723.40. It also found that the respondent had failed to provide written particulars of employment and ordered payment of £653.84, described as two weeks’ pay. The total of the monetary awards recorded in the judgment is £8,213.22.