Mr M O’Sullivan v Future Home Care Ltd: 2300147/2018
JUDGMENT
[1]The total award in favour of the Claimant is £24,000.35[2]For the purposes of the Recoupment Regulations:-2.1 The prescribed sum is £11,622.782.2 The prescribed period is 19 October 2017 to 12 February 20182.3 The total award exceeds the prescribed sum by £12,380.62REASONS
[3]There was no real dispute regarding the appropriate award. The Respondent accepted the findings of fact in my Judgment on liability. The Claimant had gained new employment, albeit not full time until more recently, in early April 2018. He only sought 10 weeks future loss.[4]My calculations were based on the following:-4.1 He was aged 52 at the EDT with over 12 years service.4.2 He was entitled to 12 weeks notice.4.3 He was entitled to a basic award equivalent to 18 weeks gross pay.4.4 His net pay, including pension contributions, was £383.57.4.5 His gross basic pay was £387.76.[5]He was therefore entitled to the following awards:- Case Number: 2300147.20185.1 Compensation for breach of contract in the sum of £4,602.845.2 A Basic Award in the sum of £6,977.885.3 A Compensatory Award including5.3.1 Loss of statutory rights of £3005.3.2 Loss of earnings to date for 38 weeks of £14,575.66, less earnings in mitigation of £2,952.88, giving a net figure of £11,622.785.3.3 Future loss of earnings in the sum of £500.00.[6]I make those awards in favour of the Claimant.