Mr Owen Curtis Brown v Duchy Farm Kennels Ltd Record of a Remedy Hearing at the Employment Tribunal — 2023

At a remedy hearing in Lincoln on 4 October 2023, Employment Judge Hutchinson sat alone to determine the remedies due to the claimant, Mr Owen Curtis Brown, against the respondent Duchy Farm Kennels Ltd. The respondent did not appear. The judge determined that the claimant was entitled to a redundancy payment of £8,820.00 under section 163 of the Employment Rights Act 1996, and that complaints of breach of contract (notice pay), unfair dismissal, unauthorised deductions from wages, and holiday pay were each well founded.

The claimant was awarded £4,774.08 as damages for breach of contract, a compensatory award of £7,625.09 for unfair dismissal (with the Employment Protection (Recoupment of Benefits) Regulations 1996 applying, the prescribed element being £5,600.07 for the period 10 February 2023 to 4 October 2023), £2,940.00 gross for unauthorised deductions, and £294.00 for holiday pay. The tribunal further found that the respondent had been in breach of its duty to provide a written statement of employment particulars and made an award equivalent to four weeks' gross pay (£1,960.00) under section 38 of the Employment Act 2002, finding no exceptional circumstances that would make such an award unjust or inequitable.

The total compensation payable by the respondent to the claimant was £26,413.17. Reasons were given orally at the hearing; written reasons would not be provided unless requested within 14 days.