Mr A F Marin v Pioneer FM Ltd — 2023

At the remedy hearing before Judge Cowx sitting alone on 14 March 2023, the tribunal found Mr A F Marin's claim of unfair dismissal under Part X of the Employment Rights Act 1996 to be well-founded. It awarded a basic award of £2,448 and a compensatory award of £10,500, making a total unfair dismissal award of £12,948. The tribunal recorded that the recoupment regulations did not apply because the unfair dismissal award was made upon the agreement of the parties and with their consent.

The tribunal also found that the respondent was in breach of contract in relation to 1 month's notice pay and ordered damages of £3,750, calculated using gross pay to reflect the likelihood of taxation as Post Employment Notice Pay. It further found that wages had not been paid and ordered £3,750, and that holiday pay had not been paid and ordered £3,634.60, in each case calculating the sum using gross monthly pay and requiring deductions for income tax and National Insurance.

Finally, the tribunal found that the respondent had breached its duty under section 38 of the Employment Act 2002 to provide full and accurate written particulars of employment. It ordered payment of £1,730.76, described as the amount equal to 2 weeks' pay. The judgment states that reasons were given orally at the hearing and no written reasons would be provided unless requested in accordance with the usual tribunal procedure.