Mr T Morris v Cut and Pitched Builders Limited — 2019

The tribunal held that Mr T Morris’s unfair dismissal claim succeeded. He had been employed by Cut and Pitched Builders Limited from 8 July 2014 until his dismissal on 21 June 2018, aged 28. The tribunal extended the effective date of termination to 12 July 2018 under s.97(1) and (2) of the Employment Rights Act 1996 and calculated a basic award of £1,338.44 on the basis of four years' service and a gross weekly wage of £334.61.

For compensation, the tribunal allowed £400 for loss of statutory rights and £15,239.18 net loss of income up to 28 August 2019, when the claimant fully mitigated his losses. It then added a 25% uplift of £3,909.77 because of the respondent’s unreasonable failure to comply with the ACAS Code of Practice. The total compensatory award was calculated at £19,548.87, but the amount payable was capped under s.124 of the Employment Rights Act 1996 at £17,400.

The tribunal also found that the respondent breached the claimant’s contract of employment by failing to give at least three weeks' notice of termination as required by s.86 of the Employment Rights Act 1996. It awarded £1,003.83 for the notice period, plus a 25% uplift of £250.95, making £1,254.78. It further found unlawful deductions from wages of £403.34 and added a 25% uplift of £100.83, giving £504.17.

Finally, the tribunal found it just and equitable to increase the award for failure to provide a written statement of employment particulars by an amount equal to four weeks' pay, producing £1,338.44. The total sum payable by the respondent under the judgment was £21,835.83.