Mrs D Sawdon v Royal Mencap Society: 1801265/2016
JUDGMENT
[1]It is not practicable for the Respondent to re-employ the Claimant. The Claimant’s application for reinstatement or re-engagement is refused.[2]No basic award is payable to the Claimant as the Respondent made a statutory redundancy payment to her on or around 3 June 2016.[3]The Respondent shall pay to the Claimant a compensatory award in the sum of £17,019.03 calculated as follows: 3.1. Past loss of earnings(a) 29.6.16 to 17.10.16 16 weeks’ loss of net salary and loss of pension contributions @ £481.10 per week £ 7,697.60(b) 18.10.16 to 30.6.17 21 weeks’ partial loss of net salary @ £132.31 per week £ 2,778.51 Total part loss £10,476.11 3.2. Future loss of earnings (a) 16 weeks’ net partial loss of earnings for the remainder of the Claimant’s fixed term contract with Doncaster MBC @ £132.31 per week £ 2,116.96 (b) 3 months’ loss of earnings @ £481.10 per month until the Claimant obtains alternative employment £ 6,265.38(c) 12 months’ partial loss of earnings assuming employment paying a salary of £20,000 per annum gross, £1,406.65 net per month: loss of net earnings is thus in the sum of £678.13 per calendar month £ 8,137.56 Total future loss £16,519.90 3.3. Loss of statutory rights £ 500.00 Total compensatory award £27,496.01 Less: (a) reduction for the chance of a fair dismissal £ 6,874.00 (b) excess of redundancy payment in excess of statutory entitlement £ 3,602.98 £17,019.03[4]The Respondent shall pay to the Claimant the sum of £1,200 in reimbursement of the Tribunal issue fee and hearing fee paid by her.[5]The Recoupment Regulations apply to the compensatory award as follows:-(a) Grand total £17,019.03(b) Prescribed element (being the past loss of earnings reduced by 25%) £ 7,857.08(c) Period of prescribed element: from 29.6.16 to 6.3.17(d) Excess of grand total over prescribed element £ 9,161.95[6]The amounts in paragraphs 4 and 5(d) shall be paid on or before 27 March 2017. The balance at paragraph 5(b) less the amount notified to the Respondent by the DWP in a Recoupment Notice shall be paid within 14 days of the date of that Notice.