N Lapthorne v Entserve UK Ltd: 2200170/2021
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well-founded and succeeds.[2]The claimant’s claim for direct age discrimination is not well-founded and is dismissed.[3]The claimant’s claim for indirect age discrimination is not well-founded and is dismissed.[4]The claimant’s claim for breach of contract is not well-founded and is dismissed.[5]The remedy awarded for unfair dismissal is the sum of £88,519. The award was calculated on the following basis.[6]The claimant is entitled to a basic award of £0 because he received a redundancy payment.[7]The claimant is entitled to compensation for loss of earnings from 30.09.20 until 14.02.22 at a Level 7 salary of £7618.00 per month. This is a total of £125,697.00.[8]The claimant is entitled to compensation for pension loss from 30.09.20 until 14.02.22 at the amount of £750.00 per month. This is a total of £12,375.00[9]The claimant is entitled to compensation for the Quarter 2 bonus and loss of statutory rights. This is a total of £3957.00. 10.2 Judgment - rule 61 February Case No: 2200170/2021[10]The total compensatory award before deductions is £142,029.44.[11]The sum of £64,661.38 should be deducted as this was the amount received in the claimant’s final payslip. This leaves the amount of £77,368.06[12]The sum of £77,368.06 divided by 0.8 (grossing up) is £96,710.08 which exceeds the statutory cap of £88,519 (applicable at the date of claim). Therefore, the award is capped. The award is subject to tax.