Mr Cole William Gibson v Harrison Groundworks Limited — 2019

Mr Cole William Gibson worked for Harrison Groundworks Limited from 1 September 2015 until he was dismissed by text message on 17 December 2018. The tribunal found that no performance issues had been raised during his employment, that there was no misconduct by the claimant, and that no procedure was followed before dismissal. It held that there was no potentially fair reason for dismissal and that the dismissal was unfair within section 98 of the Employment Rights Act 1996 and section 98(4) of the same Act.

On remedy for unfair dismissal, the tribunal awarded a basic award of £410.06 and a compensatory award of £14,215.76. It found that the claimant had taken reasonable steps to find alternative work, that his losses would continue for at least another 12 months, and that it was just and equitable to award the equivalent of 52 weeks' gross pay. The tribunal also recorded a prescribed element of £7,654.64 for the period 4 February 2019 to 19 August 2019, with an excess of £6,561.12, and noted that the recoupment regime for Jobseeker's Allowance applied.

Separately, the tribunal awarded 4 weeks' pay, £1,093.52, for the respondent's failure to issue a written statement of particulars or written contract. It also found that the claimant had been entitled to 3 weeks' notice pay, valued at £820.14 gross, but made no separate award because that period was already covered by the unfair dismissal compensatory award.

The tribunal further found an unlawful deduction from wages of £390 gross arising from two underpayments, and it awarded £693.56 for 102.75 hours of accrued holiday pay. The claimant withdrew the claim relating to a mobile phone penalty and the claim for itemised payslips, both of which were dismissed upon withdrawal, and the claim for return of property was withdrawn after the tribunal stated that it had no jurisdiction to determine it.