Case 2219154/2023 · Employment Tribunal
Mr R Mindo v Live London Limited and 1 other — 2024
- Case reference
- 2219154/2023
- Decision date
- 13 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davidson Representation
Parties
3 namedClaimant
Mr R Mindo
Key findings
Tribunal's reasoningThe tribunal found the complaint of failure to consult on collective redundancies well-founded and ordered the first respondent to pay 90 days' pay. It also found that the first respondent had made an unauthorised deduction from wages, had failed to pay notice pay as a breach of contract, and had failed to pay holiday pay under regulation 14(2) of the Working Time Regulations 1998. In each of those money claims, the judgment records sums already paid by the Secretary of State and orders the first respondent to pay the remaining balances.
The unfair dismissal complaint was well-founded. The tribunal recorded that the claimant had already received the equivalent of a basic award through the statutory redundancy payment, and found there was a 100% chance the claimant would have been fairly dismissed in any event, but only after a four-week consultation period. It awarded a compensatory award of £1,839.88.
The tribunal also found that the first respondent had not provided a written statement of employment particulars and had not provided written reasons for dismissal. It awarded two weeks' gross pay for the written particulars breach because there had been partial compliance, and a further sum under section 92 Employment Rights Act 1996 for the written reasons failure. The tribunal found a 15% ACAS uplift was just and equitable for the wage deduction, notice pay and holiday pay claims because grievances about those matters had been ignored.