Mr M Chick v Applied Power Services (South Western) Ltd: 1602283/2020
JUDGMENT
[1]The holiday pay claim is dismissed upon withdrawal.[2]The claimant was constructively unfairly dismissed.[3]The claimant was constructively wrongful dismissed.[4]The claimant is awarded:(a) For wrongful dismissal £2531.25;(b) For unfair dismissal a basic award of £1139.07 and a compensatory award of £767.18.[5]I make a recoupment order as follows. Pursuant to the Employment Protection (Recoupment of Benefits) Regulations 1996 the above calculations have been undertaken without regard to the claimant’s receipt of ESA and Universal Credit which Jobcentre Plus may potentially recoup. The attached Annex explains the workings of the recoupment provisions. The monetary award is £4437.50. The prescribed element is Case Number: 1602283/2020 £617.18 (loss of earnings of £2057.25 less 70% contributory conduct.) The date of the period to which the prescribed element relates: 5/10/2010 to 8/4/2022. The amount by which the monetary award exceeds the prescribed element: £3820.32.