Mr Wayne David Fletcher v Duchy Farm Kennels Ltd Record of a Remedy Hearing at the Employment Tribunal — 2023

Employment Judge Hutchinson, sitting alone at Lincoln on 4 October 2023, conducted a remedy hearing in the claim brought by Mr Wayne David Fletcher against Duchy Farm Kennels Ltd. The Claimant appeared in person; the Respondent did not appear. The judge determined the Claimant was entitled to a redundancy payment under section 163 Employment Rights Act 1996, and found the complaints of breach of contract (notice pay), unfair dismissal, unauthorised deductions from wages, and holiday pay to be well founded.

On unfair dismissal, the tribunal awarded a compensatory award of £5,967.43 and recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 apply, with a prescribed element of £4,273.97 covering 10 February 2023 to 4 October 2023. The tribunal also found that, when proceedings were begun, the Respondent was in breach of its duty to provide a written statement of employment particulars, and that there were no exceptional circumstances making an award unjust or inequitable; it made an award equal to four weeks' gross pay (£2,284.00) under section 38 Employment Act 2002.

The total compensation payable by the Respondent to the Claimant was £31,325.81. The judgment is a record of the remedy hearing only; reasons were given orally and written reasons will not be provided unless requested within 14 days.