Mr S Rigoni v Fonmigo Ltd: 2210643/2022
[1]As conceded by the Respondent, it unfairly dismissed the Claimant.[2]The Respondent is ordered to pay the Claimant the sum of £79,999.92 (as set out in the attached schedule and as amended from the oral judgment). ________________________ Employment Judge O’Rourke Dated: 20 April 2023 JUDGMENT SENT TO THE PARTIES ON 20/04/2023 FOR THE TRIBUNAL OFFICE Remedy Schedule Case No. 2210643/2022 Basic Award 1 week x 10 years’ service x £571.00 £5710.00 Compensatory Award Loss of Earnings from 30 July 2022 to date of hearing 38 weeks @ £1442.00 £54,807.40 Loss of statutory rights £500.00 Sub-total £55,307.40 Less Pay in lieu of notice (£17,307.69) Sums earned in mitigation (£9776.05) Sub-total (£27,083.74) Total Loss to Date of Hearing £28,223.66 Future Loss of Earnings 52 weeks x £1587.14 £82,531.00 Less Future mitigation, based on current earnings 52 weeks x £407.33 (£21,181.16) Total Future Loss £61,349.84 No uplift for breach of the ACAS Code Grand Total £95,283.50 Application of Statutory Cap Section 124(1ZA) ERA states that the statutory limit shall be the lower of a set amount (at the time £93,878.00), or the product of 52 multiplied by a week’s pay of the employee concerned — S.124(1ZA)(b). The Claimant’s pay slips at the time of dismissal [e.g. 62] indicate monthly gross pay of £6666.67, which x 12 ÷ 52 gives a Case No. 2210643/2022 weekly gross pay of £1538.46 52 x £1538.46 gives a Capped Award of £79,999.92 Note - Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing, or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No. 2210643/2022 EMPLOYMENT TRIBUNALS Claimant: Mr Simone Rigoni Respondent: Fonmigo Limited Heard at: London Central (by video) On: 20 April 2023 Before: Employment Judge C H O’Rourke Representation: Claimant: in person Respondent: Mr D Paulson - HR AMENDED JUDGMENT (Subject to Rule 69 Tribunal’s Rules of Procedure 2013)[1]As conceded by the Respondent, it unfairly dismissed the Claimant.[2]The Respondent is ordered to pay the Claimant the sum of £85,709.92 (as set out in the attached schedule and as amended from the oral judgment). ________________________ Employment Judge O’Rourke Dated: 20 April 2023 Re-dated: 5 May 2023 AMENDED JUDGMENT SENT TO THE PARTIES ON 10/05/2023 FOR THE TRIBUNAL OFFICE Case No. 2210643/2022 Remedy Schedule Basic Award 1 week x 10 years’ service x £571.00 £5710.00 Compensatory Award Loss of Earnings from 30 July 2022 to date of hearing 38 weeks @ £1442.00 £54,807.40 Loss of statutory rights £500.00 Sub-total £55,307.40 Less Pay in lieu of notice (£17,307.69) Sums earned in mitigation (£9776.05) Sub-total (£27,083.74) Total Loss to Date of Hearing £28,223.66 Future Loss of Earnings 52 weeks x £1587.14 £82,531.00 Less Future mitigation, based on current earnings 52 weeks x £407.33 (£21,181.16) Total Future Loss £61,349.84 No uplift for breach of the ACAS Code Grand Total Compensatory Award £89,573.50 Application of Statutory Cap Section 124(1ZA) ERA states that the statutory limit for the Compensatory Award shall be the lower of a set amount (at the time £93,878.00), or the product of 52 multiplied by a week’s pay of the employee concerned — S.124(1ZA)(b). Case No. 2210643/2022 The Claimant’s pay slips at the time of dismissal [e.g. 62] indicate monthly gross pay of £6666.67, which x 12 ÷ 52 gives a weekly gross pay of £1538.46 52 x £1538.46 gives a Capped Compensatory Award of £79,999.92 Plus Basic Award £ 5,710.00 Grand total Award £85,709.92 Note - Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing, or a written request is presented by either party within 14 days of the sending of this written record of the decision.