Mr L Murtagh v Mikhail Hotels Ltd — 2024

Employment Judge Sharkett, sitting at Manchester by CVP on 16 May 2024, found that the claimant Mr L Murtagh was unfairly dismissed by Mikhail Hotels Ltd and that his claim of unfair dismissal was well founded and succeeded. The Tribunal also found that the claimant's breach of contract claim for notice pay was well founded, holding that the respondent was not entitled to dismiss the claimant without notice or payment in lieu of notice. The Tribunal further found that the claimant did not contribute to his own dismissal by culpable or blameworthy conduct.

The Tribunal ordered monetary compensation for unfair dismissal comprising a basic award of £1,725 (calculated as 1.5 weeks pay for each full year worked), loss of earnings of £1,104, and loss of statutory rights of £500, together with a 25% uplift for the respondent's failure to follow the ACAS Code, producing a total unfair dismissal compensation figure of £4,161.25. A further £1,150 was awarded in lieu of notice not given or paid on termination, with the claimant responsible for any employee tax or NI liability on that sum.

The total award was recorded as £5,311.25. The Tribunal stated that the recoupment provisions did not apply to any part of the award. Reasons were given orally at the hearing; written reasons would not be provided unless requested within 14 days.