Employment Judge MoxonIn person for claimantMr Cameron for respondentDate 4 August 2023
JUDGMENT
UPON the claimant’s complaint of unfair dismissal under the Employment Rights Act 1996:[1]The claimant was unfairly dismissed by the Respondent. Remedy Basic award[2]The respondent shall pay a basic award of £396, calculated as follows: Gross weekly wage: £264 The claimant was entitled to a basic award amounting of 4.5 weeks’ wages on account of her length of service and age 4.5 x £264 = £1,188 However, £792 paid as redundancy payment must be deducted to avoid double counting £1,188 - £792 = £396 Case No: 1801727/2023 Compensatory award[3]The respondent shall pay a compensatory award of £487.87, calculated as follows: Applying the principles in Polkey v AE Dayton Services Limited, the claimant would have been dismissed by reason of redundancy had a fair procedure been followed by the respondent. It would have taken an additional period of two weeks for such a process to be followed. The compensatory award is therefore limited to two week’s pay to reflect the fact that the claimant would have been fairly dismissed after two weeks Net weekly wage: £243.92 2 x £243.92 = £487.87 Total[4]The respondent shall pay the basic and compensatory awards to the claimant in the aggregate sum of £883.87 (£396 + 487.87)