Miss D Melkis v Genassist Third Party Administrators Ltd: 1302322/2019
JUDGMENT
Upon there being no response filed with the tribunal by the respondent and the claims therefore not being disputed:[1]The claimant was automatically unfairly dismissed as the respondent failed to establish a potentially fair reason for dismissal. I order the respondent to pay compensation to the claimant in the sum of £58,153.64. Recoupment of benefits does not apply. The compensation is calculated as follows:• Basic award = £9,906.00 (13 x 1.5 x £508.00) Case Number 1302322/2019• Compensatory award: loss of earnings for 52 weeks from 23 February 2019 to 22 February 2020 = £47,747.64 (net)• Loss of statutory employment rights = £500.00[2]The claimant’s claim for damages for failure by the respondent to give the full period of notice or payment in lieu thereof is well-founded and succeeds. I order the respondent to pay damages to the claimant for the period from 26 January 2019 to 22 February 2019, being 4 weeks x £923.07 = £3,692.28 (net).[3]The respondent failed to pay the claimant for holidays accrued but not taken. I order the respondent to pay the claimant compensation for 8 days, being 8 x £184.61 = £1,476.88 (net).[4]The claimant’s claim for compensation for failure to provide an itemised pay statement is dismissed upon withdrawal by the claimant.[5]For the respondent’s breach of the ACAS Code of Practice I uplift the following items: the compensatory award for loss of earnings, the award for loss of statutory employment rights, damages for breach of contract over notice and failure to pay holiday pay, by a further 25%, which amounts to the additional sum of £13,354.20 which I order the respondent to pay to the claimant. Signed by on