Case 3302281/2022 · Employment Tribunal
Mr Benjamin Swygart v Crest Communication Limited — 2022
- Case reference
- 3302281/2022
- Decision date
- 25 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler Date
Parties
2 namedClaimant
Mr Benjamin Swygart
Respondent
Key findings
Tribunal's reasoningThe tribunal held that Mr Benjamin Swygart was unfairly dismissed by reason of redundancy. It recorded that the ACAS Code of Practice: Disciplinary and Grievance Procedures 2015 does not apply to redundancy dismissals, so no uplift was appropriate. The tribunal also said that awarding notice pay in addition to the compensatory award from the date of dismissal would amount to double recovery, so no notice pay award was made.
The unfair dismissal award totalled £5,252.98. That figure comprised a basic award of £1,542, a compensatory award of £3,210.98 for losses from the dismissal on 30 November 2021 until the claimant obtained new employment on 24 January 2022, and £500 for loss of statutory rights. The tribunal also noted that the basic award used the same calculation as a redundancy payment and was not to be awarded twice where the dismissal is unfair.
In addition to the unfair dismissal award, the tribunal awarded £2,227.33 gross for unpaid wages for November 2021 and £617 gross for accrued holiday pay. It also awarded £2,056 for failure to provide a written statement of terms and conditions, calculated as four weeks' pay at £514 per week. The total award was £10,153.31.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the claimant was unfairly dismissed by reason of redundancy. The unfair dismissal award was made up of a basic award of £1,542, a compensatory award of £3,210.98, and £500 for loss of statutory rights; no notice pay was awarded because that would have been double recovery for the same period. | Upheld | — | £5,253 |
| Unlawful deduction from wages | Award for unpaid wages for November 2021, stated as £2,227.33 gross. | Upheld | — | £2,227 |
| Holiday pay | Award for accrued holiday pay, stated as £617 gross. | Upheld | — | £617 |
| Other | Award for failure to provide a written statement of terms and conditions, calculated as 4 weeks' pay at £514 per week (£2,056). | Upheld | — | £2,056 |
Remedy
Monetary award- Total award
- £10,153
- across all upheld claims
- Basic award
- £1,542
- statutory, unfair dismissal
- Compensatory award
- £3,211
- compensatory remedy recorded
Legal tests applied
1 reference- ACAS Code of Practice: Disciplinary and Grievance Procedures 2015
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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