Mr J D Brown v The Enviroment Agency: 1802852/2015

EMPLOYMENT TRIBUNALS

Case No 1802852/2015

Between

Mr J D BrownClaimant

The Enviroment AgencyRespondent

Before

Employment Judge Brain

Mr J Searle (instructed by Counsel) for claimant

Mr A Vagner (instructed by Counsel) for respondent

Date 23 August 2017

JUDGMENT

ON REMEDY The judgment of the Employment Tribunal is that:

[1]Upon the claimant's successful unfair dismissal complaint:-(a) The respondent shall pay to the claimant a basic award (calculated in accordance with sections 119-122 and 126 of the Employment Rights Act 1996) in the sum of £12,112.50.

(b) The respondent shall pay a compensatory award to the claimant (calculated in accordance with sections 123, 124, 124A and 126 of the 1996 Act) in the sum of £350. This is to compensate the claimant for the loss of statutory protection.

[2]Upon the claimant's successful complaints of disability discrimination:-(a) The respondent shall pay compensation to the claimant for injury to his feelings in the sum of £16,000.

(b) The respondent shall pay damages to compensate the claimant for his pecuniary losses as follows – (i) For past loss of earnings from the date of dismissal to the date of the remedy hearing an amount equivalent to the claimant's net weekly pay. Case No. 1802852/2015 (ii) The claimant will give credit against the compensation for past loss of earnings in the sum of £1,800.75 (being income derived by the claimant from state benefits) and the sum of £2,417 (being the claimant's net profit from the business which he set up following his dismissal after deducting from his gross income the business set up costs and overheads. (iii) The sum of £6,146.44 being salary overpaid by the respondent to the claimant and to which the respondent is entitled to reimbursement.

(c) The respondent shall compensate the claimant for pension loss upon the basis of the substantial loss approach. The “A” figure shall be arrived at by the adoption of a multiplicand to be agreed between the parties and a multiplier of 15.87. The “B” figure shall be arrived at upon the basis of a multiplicand to be agreed between the parties and an agreed multiplier of 13.27.

(d) There shall be no award for future loss of earnings after the date of the remedy hearing upon the basis of the claimant's evidence around projected earnings from his business.

(e) There shall be no deduction from the “A” figure for pension loss other than the “B” figure upon the basis that the claimant will not, before his expected retirement age, find employment with remuneration including a pension.

(f) The respondent shall pay to the claimant interest upon the award for injury to feelings from 12 September 2015 to the date of the remedy hearing and shall pay interest upon past loss of earnings from the mid point of the claimant's losses. The relevant interest rate is 0.5%.

(g) The compensation awarded to the claimant shall be grossed up by an amount equivalent to the income tax liability incurred by the claimant upon receipt of the compensation awarded pursuant to sections 401 and 403 of the Income Tax (Earnings and Pensions) Act 2003. Case No. 1802852/2015 EMPLOYMENT TRIBUNALS Claimant: Mr J D Brown Respondent: The Environment Agency HELD AT: Sheffield ON: 31 January 2018 BEFORE: Employment Judge Brain Mr M Lewis Mr L Priestley REPRESENTATION: Claimant: Written representations Respondent: Written representations SECOND REMEDY JUDGMENT UPON the Employment Tribunal having promulgated a judgment on remedy (‘the First Remedy Judgment’) upon 23 August 2017 and UPON the parties having, upon the basis of the First Remedy Judgment, now agreed terms the Second Remedy Judgment of the Employment Tribunal is that:

[1]The Respondent shall pay to the Claimant the sum of £254,242.91. In accordance with rule 66 of Schedule 1 to the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013 this sum shall be paid on or before 14 days from the date that the Second Remedy Judgment is sent to the parties.

[2]The Claimant shall give credit for the sums of £30,000 paid to him by way of interim payment.

[3]The sum of £254,242.91 is made up in accordance with the Schedule. THE SCHEDULE Basic award 12,112.50 Loss of statutory industrial right 350.00 Injury to feelings 16,000.00

[4]Past loss of earnings 21,315.17 Case No. 1802852/2015

[5]Pension loss 134,607.55

[6]Grossing up amount upon items 1 to 5 65,849.58

[7]Interest upon items 1 to 4 4,008.11 254,242.91