Employment Tribunals

It is the decision of the Employment Judge sitting alone that the claimant was unfairly dismissed. It is the decision of the Employment Judge sitting alone to uphold the claim for compensation for unfair dismissal, unpaid wages and holiday in the following sums: 1. Details Date of birth of claimant 25/01/1974 Date started employment 08/10/2001 Effective Date of Termination (EDT) 22/06/2017 Period of continuous service (years) 15 Age at EDT 43 Net weekly pay at EDT 222.33 Gross weekly pay at EDT 234.85 Gross annual pay at EDT 12,546.56 2. Basic award Basic award Number of qualifying weeks (16) x Gross weekly pay (234.85) 3,757.60 Less contributory fault (basic award) @ 25% -939.40 Total basic award 2,818.20 3. Compensatory award (immediate loss) Loss of net earnings Number of weeks (62) x Net weekly pay (222.33) 13,784.46 Plus loss of statutory rights 450.00 Less non-recoupable benefits -1,082.73 council tax 21.23 x 51 weeks Total compensation (immediate loss) 13,151.73 4. Arrears of pay Holiday pay (6 days accrued but untaken) 281.82 Unlawful deductions (arrears of pay 1 May to 22 June 2017) 1,792.37 Total compensation (other statutory rights) 2,074.19 5. Adjustments to total compensatory award Plus failure by employer to follow ACAS Code @ 25% 3,736.02 Less contributory fault (compensation award) @ 25% -4,221.94 Compensatory award before adjustments 15,225.92 Total adjustments to the compensatory award -485.92 Compensatory award after adjustments 14,740.00 COMPENSATION CAPPED (GROSS ANNUAL PAY) AT 12,546.56 6. Summary totals Basic award £2,818.20 Compensation award including statutory rights £12,546.56 Total £15,364.76 Recoupment Prescribed period: 23/06/2017 to 30/08/2018 Total award £15,364.76 Prescribed element £8,336.23 Balance £7,028.53