Claimant v Advanced Marble & Granite UK Limited
Outcome
Individual claims
The tribunal found the redundancy payment claim well-founded. The respondent had underpaid the claimant by £625, paying only £5,001.80 when the correct statutory redundancy payment was £5,626.80.
The tribunal found the unfair dismissal claim well-founded and succeeded. However, the tribunal determined the claimant would have been fairly dismissed one week later in any event. The claimant refused to work during his notice period, which affected the compensatory award.
The tribunal found the claim for unlawful deduction of wages and notice pay was not well-founded and dismissed it. The claimant's refusal to work during the notice period appears to have been a relevant factor.
The claimant withdrew the holiday pay claim before the tribunal heard it, and it was dismissed upon withdrawal.
Facts
The claimant was dismissed by redundancy but was underpaid his statutory redundancy payment by £625. He brought claims for redundancy pay, unfair dismissal, unlawful deduction of wages/notice pay, and holiday pay. The claimant refused to work during his notice period. The respondent had also failed to provide a written statement of employment particulars.
Decision
The tribunal found the redundancy pay claim succeeded, awarding the £625 shortfall. The unfair dismissal claim also succeeded but no compensatory award was made as the claimant would have been fairly dismissed one week later and would have received no pay due to refusing to work his notice. The tribunal awarded two weeks pay (£833.60) under section 38 Employment Act 2002 for failure to provide written particulars.
Practical note
Even where unfair dismissal succeeds, a 100% Polkey reduction can result in zero compensatory award if the tribunal finds the employee would have been fairly dismissed anyway, and refusal to work notice can eliminate any entitlement to pay during that period.
Award breakdown
Adjustments
Claimant would have been fairly dismissed in any event one week later
Legal authorities cited
Statutes
Case details
- Case number
- 2502370/2023
- Decision date
- 5 March 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Employment details
Claimant representation
- Represented
- No