Case 3307425/2018 · Employment Tribunal
Mr Riffat Amin v Arrayent UK Limited and 1 other — 2020
- Case reference
- 3307425/2018
- Decision date
- 7 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gumbiti-Zimuto Appearances
- Venue
- Reading
Parties
3 namedClaimant
Mr Riffat Amin
Respondents
Key findings
Tribunal's reasoningMr Riffat Amin was employed by Prodea Systems, Inc from 1 August 2014 until 15 March 2018 as VP European Operations on a salary of £127,500. He said he was dismissed in a telephone call after an alleged third-party complaint. The respondent did not attend the hearing. The tribunal applied section 98 ERA 1996, the Burchell guidance on misconduct investigations, and the Iceland Frozen Foods reasonable responses approach, and found the dismissal unfair because the respondent had not carried out a fair investigation or disciplinary process and had failed to comply with the ACAS Code.
The tribunal accepted the respondent's admissions that unpaid salary of £47,812.50, commission of £10,461.98, and holiday pay of £4,496.83 were due. It made an award for unauthorised deduction from wages in the gross sum of £58,274.48 and a separate award for unpaid holiday pay of £4,496.83.
For unfair dismissal, the tribunal made a basic award of £2,200.50 under section 119 ERA 1996. It included three months' notice pay of £31,875.00 and found further loss of earnings of £171,000.00 to March 2020, then applied a 25% uplift under section 207A TULR(C)A 1992 because the ACAS Code had not been followed. The resulting compensatory figure of £253,593.75 was capped by section 124 ERA 1996 at £80,541.00, making the total unfair dismissal award £82,741.50.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal awarded a basic award of £2,200.50 and capped the compensatory award at £80,541.00 under section 124 ERA 1996, giving a total unfair dismissal award of £82,741.50. | Upheld | — | £82,742 |
| Unlawful deduction from wages | This covered the admitted unpaid salary and commission. The judgment states this was the gross amount and that payment of the net amount would satisfy the debt if tax and NIC were paid to HMRC. | Upheld | — | £58,274 |
| Holiday pay | The respondent admitted entitlement and the tribunal ordered payment for untaken annual leave. | Upheld | — | £4,497 |
Remedy
Monetary award- Total award
- £145,513
- across all upheld claims
- Basic award
- £2,201
- statutory, unfair dismissal
- Compensatory award
- £80,541
- compensatory remedy recorded
Legal tests applied
6 references- section 98 ERA 1996
- Burchell test
- Iceland Frozen Foods reasonable responses test
- section 119 ERA 1996
- section 207A TULR(C)A 1992
- section 124 ERA 1996
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.
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