Mr D Mass v Park & Birch Ltd: 1401340/2022
JUDGMENT
13 September 2022 By Mr J McCormick FOR THE TRIBUNAL OFFICE Case Number: 1401340/2022 EMPLOYMENT TRIBUNALS Claimant: Mr. D. Mass Respondent: Bark & Birch Ltd Heard at: Bristol ET, via VHS On: 13 December 2022 Before: Employment Judge G. King Representation Claimant: In person Respondent: Did not attend JUDGMENT[1]The Respondent shall pay the Claimant the sum of £10,748.88. This sum is comprised of: Prescribed element:[2]Previous net average pay from 3 January 2022 until 4 April 2022 (12 weeks) = £4,595.26.[3]Difference between previous net average pay and new net average pay from 5 April until 13 December (36 weeks) = £1,107.69.[4]The total is £5,702.95. This is subject to an increase of 25% for the Respondent’s breach of the ACAS Code of Practice on Disciplinary and Grievance Procedures. The total is therefore increased to £7,128.69. Non-prescribed element:[5]Future losses of difference between previous net average pay and new net average pay for 26 weeks = £800.00.[6]Loss of pension contributions = £173.08.[7]Loss of statutory rights, healthcare, dental, and pension benefits = £1,923.08.[8]The total is £2,896.15. This is subject to an increase of 25% for the Case Number: 1401340/2022 Respondent’s breach of the ACAS Code of Practice on Disciplinary and Grievance Procedures. The total is therefore increased to £3,620.19.[9]For the purposes of Regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996:a. The Prescribed Element is £7,128.69.b. The Prescribed Period is 3 January 2022 and 13 December 2022.c. The total monetary award is £10,748.88.d. The excess of the total monetary award over the Prescribed Element is £3,620.19