Mr R Lewis v Insignia Lifestyle Boutique Ltd: 2206905/202 Mr R Lewis v Insignia Lifestyle Boutique Ltd: 2206905/202
JUDGMENT
[1]Following the Judgment made on under rule 21 of the Employment Tribunal Rules of Procedure 2013 and sent to the parties on 21 September 2021 it was adjudged that the Claimant had been automatically unfairly dismissed and that remedy in respect of both the Claimant’s claims would be determined at a hearing on 11 October 2021. I was satisfied that the Respondent was aware of these proceedings and had had notice of today’s hearing.[2]The judgment of the Tribunal as to remedy is that the Respondent is ordered to pay the Claimant the sum of £190,151 calculated as follows (and as set out in the Claimant’s Schedule of loss). The Claimant has not yet found alternative employment and . Unfair dismissal Basic Award 2 x 538 1,076 Compensatory Award loss to 27th July 2021 (including 9.5 months future loss) 45 weeks x £1,047.38 47,132.1 loss of statutory rights 300 loss of pension benefit 10.5 months ×197.52 2,073.96 Total 49,506.06 loss from 27/7/21- 26/7/22 net salary 54, 463.60 loss of pension 2,370.24 Total 56,833.84 Total compensatory award 106,339.90 25% uplift for failure to comply with the ACAS code 26,584.98 Grossing up 48,604.9 Total 182, 605.78[3]The Claimant’s claim for pay in lieu of holiday accrued but not taken succeeds and the Respondent is ordered to pay the Claimant £7546 for such holiday pay.[4]The total award is therefore £190,151.[5]No separate award is made for notice pay, as the period of notice is subsumed by the compensatory award and to prevent double recovery.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to this award, as the Claimant has not been in receipt of benefits.