In person For the v Mr P Merrett T/a MPD Transport — 2020

Mr K Meredith was employed by Mr P Merrett trading as MPD Transport from 1 May 2015 as a removals porter. His employment was summarily terminated on 15 May 2019 after a period of ill health due to kidney stones. The respondent did not attend the hearing, and the tribunal proceeded in its absence.

Applying s.98 ERA 1996, the tribunal found the respondent had not proved a potentially fair reason for dismissal and had not established grounds for dismissal without notice or payment in lieu of notice. On the claimant's evidence, the dismissal was unfair, and the tribunal also found he had not committed the misconduct alleged, so there was no basis to reduce compensation for contributory conduct. The tribunal accordingly held that he had been unfairly and wrongfully dismissed.

The tribunal also upheld the unlawful deductions claim under ss.13 and 23 ERA 1996. It found the claimant had been paid SSP at £37 per week when his statutory entitlement was £92.05 per week from 23 December 2018 to 6 April 2019 and £94.25 per week from 13 April 2019 to dismissal. It quantified the recoverable underpayment as £1,105.18.

On remedy, the tribunal awarded a basic award of £480, notice pay of £480 under ss.86 and 88 ERA 1996, a further £500 for loss of statutory rights, and £848.25 for nine weeks of post-dismissal SSP loss. It then applied a 25 per cent uplift for failure to comply with the ACAS Code, finding there was no evidence of even basic fair investigation or procedure. The total award was £4,266.79, comprising a pre-uplift total of £3,413.43 plus an uplift of £853.36.