Claimant v Y and Z — 2023

The tribunal upheld the claimant's unfair dismissal claim against the second respondent only. It calculated a basic award of £2,092.80 using eight years' service, a 1.5 age multiplier and a weekly pay figure of £174.40, then deducted the redundancy payment of £1,116.16 already received, leaving a basic award of £976.64. It also awarded a compensatory award of £9,068.80 net, with a note that the claimant could apply for reconsideration if grossing up was required for tax purposes.

The tribunal also upheld the wrongful dismissal claim against the second respondent. It found the claimant was entitled to eight weeks' notice and ordered £1,395.20 for breach of contract, being gross pay for that notice period.

The claimant succeeded on holiday pay and unlawful deduction claims against the second respondent. The tribunal found holiday pay had been calculated on the basis of 16 hours per week rather than 20 hours per week, that the claimant had accrued 2.33 weeks, and awarded £406.35. It also found a series of unauthorised deductions from wages in the two years before the claim was issued and awarded £4,527.11.

The claimant's disability discrimination claims against the first and second respondents were dismissed. The tribunal rejected the claim under section 15 of the Equality Act 2010 and the claim for failure to make reasonable adjustments under sections 20 and 21 of the Equality Act 2010. The total payable by the second respondent was £16,374.10, and the notice stated that the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 did not apply to the award. The notice also stated that interest would accrue from 7 April 2023 at 8% per annum if unpaid after 14 days.