Mr S Salim v I Quote Limited — 2022

The tribunal entered judgment under Rule 21 and found the unfair dismissal complaint under section 104 Employment Rights Act 1996 well founded. It held that Mr Salim was unfairly dismissed because he asserted a statutory right. Because section 119 ERA 1996 required one complete year of service and that threshold was not met, no basic award was made.

The tribunal awarded a compensatory award of £9,781.84 for unfair dismissal. That figure included £450 for loss of statutory rights and £9,331.84 for loss of earnings over the period from 17 May 2021 to 16 December 2021. No compensation was awarded for the first four weeks after dismissal because notice pay was dealt with separately.

On the remaining claims, the tribunal found the claimant was dismissed in breach of contract in respect of notice and awarded £2,500 damages, described as a net figure calculated using gross pay to reflect the likelihood that the amount would be treated as post-employment notice pay. It also found that holiday entitlement had not been paid and awarded £750 gross, and that there had been an unauthorised deduction from wages and awarded £1,860 gross.

The total amount payable was £14,891.84. The tribunal noted that the recoupment regulations did not apply because no recoupable state benefits had been received. It also said it had no power to make an award for stress and anxiety in this case, and the accompanying interest notice stated that the stipulated interest rate was 8% if sums remained unpaid after 14 days.