Mr R Williams v Teddington Engineered Solutions Ltd: 1600552/2017
JUDGMENT
It is the decision of the Employment Judge sitting alone that the claimant was unfairly dismissed. DIRECTIONS[1]A remedy hearing is listed in Cardiff Employment Tribunal at 10am on 30 August 2018 (half day).[2]By no later than 28 June 2018 the parties must exchange with each other documents relevant to remedy, including medical evidence relating to the claimant’s health since dismissal to date and any documents relating to his search for new employment, including self-employment as a mechanic;[3]By no later than 23 August 2018 the claimant will provide to the respondent and the tribunal an updated schedule of loss;[4]By no later than 23 August 2018 the claimant will provide the respondent with a remedy bundle, with page numbers and an index of documents. The claimant will be responsible for bringing two copies of the bundle of documents to the remedy hearing;[5]Both parties were referred to the ‘sources of advice’ leaflet available from Case No: 1600552/2017 the tribunal, which signposts sources of free legal advice and online sources of information. The parties should contact the tribunal if they require a further copy.[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 3,757.60 Number of qualifying weeks (16) x Gross weekly pay (234.85) Less contributory fault (basic award) @ 25% -939.40 Total basic award 2,818.20[3]Compensatory award (immediate loss) Loss of net earnings 13,784.46 Number of weeks (62) x Net weekly pay (222.33) 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 1,792.37 2017) 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 Recoupment Prescribed period: 23/06/2017 to 30/08/2018 Total award £15,364.76 Prescribed element £8,336.23 Balance £7,028.53