Automated Summary
Key Facts
The Employment Tribunal ruled in favor of Mr B Moulds on breach of contract (notice pay) and unfair dismissal claims against Rhubarb Cafe Bar. The Respondent was ordered to pay £1,600 for breach of contract and £2,445 for unfair dismissal. The hearing for 13 December 2017 was vacated, and the Claimant must confirm by 10 October 2017 details of his new employment earnings of £1,500.
Issues
- The complaint of unfair dismissal succeeded, leading to a basic award of £2445.
- The claim for recovery of damages for breach of contract (notice pay) was successful, resulting in an order for £1600.
Holdings
- The Claimant must confirm by 10 October 2017 whether his new employment earnings of £1500 are per week or per month and net or gross. The file will then be referred to an Employment Judge to assess a compensatory award for unfair dismissal.
- The court ruled that the complaint for breach of contract (notice pay) succeeds under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994, and ordered the Respondent to pay the Claimant £1600.
- The court vacated the hearing scheduled for 13 December 2017.
- The court found that the complaints of unfair dismissal succeed and ordered the Respondent to pay the Claimant a basic award of £2445.
Remedies
- The tribunal ordered the respondent to pay a basic award of £2445 for unfair dismissal.
- The tribunal ordered the respondent to pay £1600 in damages for breach of contract, specifically for notice pay.
Monetary Damages
4045.00
Legal Principles
- The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, Rule 21 was applied, allowing the tribunal to issue a judgment in the absence of a response from the respondent.
- The Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 was applied, which extended the tribunal's jurisdiction to include claims for breach of contract (notice pay).
Cited Statute
- Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
Judge Name
JM Wade
Passage Text
- 1. In accordance with the provisions of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 the complaint for the recovery of damages for breach of contract (notice pay) succeeds and the Respondent is ordered to pay to the Claimant the sum of £1600.
- 2. The complaints of Unfair Dismissal succeed and the Respondent shall pay to the Claimant a basic award of £2445.