Mr Andrew Michael Horne v Duchy Farm Kennels Ltd — 2023

At the remedy hearing on 4 October 2023, before Employment Judge Hutchinson sitting alone and with no appearance for the Respondent, the Tribunal determined that Mr Andrew Michael Horne was entitled to a redundancy payment of £7,425.00 under section 163 of the Employment Rights Act 1996. It also found his complaint of breach of contract in relation to notice pay well founded and awarded £4,020.00 in damages.

The Tribunal further held that the Claimant had been unfairly dismissed and awarded a compensatory award of £23,400.00. It recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 applied, with a total monetary award for unfair dismissal of £23,400.00, a prescribed element of £13,668.00, a prescribed period running from 27 January 2023 to 4 October 2023, and a balance of £9,732.00.

In addition, the Tribunal found unauthorised deductions from wages of £2,550.00 gross and holiday pay of £340.00. It also found that, when the proceedings were begun, the Respondent was in breach of its duty to provide written employment particulars, and awarded £1,800.00 under section 38 of the Employment Act 2002, stating that there were no exceptional circumstances making an award equivalent to 2 weeks' gross pay unjust or inequitable and that 4 weeks' gross pay was just and equitable. The total compensation payable was recorded as £39,535.00.