Ms C Gill (Citizens Advice Bureau) For the v Nigel Fredericks Trading Ltd (In Administration) — 2019

The respondent, Nigel Fredericks Trading Limited (in administration), did not attend the hearing, and Employment Judge Alliott proceeded in its absence. The claimant, Mr Sylvester Bakoh, had been employed from 15 May 2006 and was dismissed on 15 October 2018. The tribunal recorded 12 full years of service and found he was entitled to 12 weeks' notice.

On the breach of contract claim, the tribunal held that the claimant was dismissed in breach of contract in respect of notice and awarded damages of £4,314 gross. It reached that figure by calculating notice pay on the basis of the claimant's hours and earnings in June, July and August 2018, and then deducting the earnings received during the notice period.

On unfair dismissal, the tribunal awarded a basic award of £7,874 and a compensatory award of £1,448.05. It also awarded £500 for loss of statutory rights. In its reasons, the tribunal noted that after the notice period ended on 7 January 2019 the claimant worked for five weeks at £150.39 net per week and then obtained employment at £440 net per week, which it used in the compensatory calculation.

The tribunal also found breaches of the Working Time Regulations in relation to regulation 10(i) and regulation 11. It awarded £500 for each breach, saying that this was just and equitable in all the circumstances, and recorded that the respondent had repeatedly ignored the claimant's wish to reduce his hours. The claimant was recorded as claiming no benefits.