Mr W Khan v Peninsula Business Services Limited — 2021

The tribunal found that the claimant was unfairly dismissed by the respondent. It awarded a basic award of £2,960.00, calculated by reference to four years of service, with the latter two years counted at the higher multiplier because the claimant was aged 41 or over, and using the statutory weekly cap of £538.00.

The tribunal also found there was a 100% chance that the claimant would have been dismissed even if a fair procedure had been followed. On that basis, it made no compensatory award. It further decided that no reduction should be made to the basic award for contributory conduct.

The claimant's wrongful dismissal claim for notice pay was dismissed, and his unpaid holiday pay claim was also dismissed. A £5.00 unauthorised deductions claim concerning recovery following the loss of a company laptop was dismissed upon withdrawal after the claimant accepted that the amount had already been refunded. Permission was refused for a further amendment to add a separate wages claim relating to a 'Developer on Call' supplement and/or overtime in February/March 2020.