Ms M B Almiron v Hoil Dental Manufacturing Solutions Ltd: 2301007/2021

EMPLOYMENT TRIBUNALS
Case No 2301007/2021Venue CroydonHearing 9 10 and 11 August 2023
Ms M B AlmironClaimantHoil Dental Manufacturing Solutions LtdRespondent
Employment Judge SiddallMr G Bocazzi for claimantMr J J Oh for respondentDate 15 November 2023

JUDGMENT

[1]The claim that the Claimant was unfairly dismissed in accordance with section 100 of the Employment Rights Act 1996 succeeds.[2]The claim that the Claimant was unfairly dismissed in accordance with section 103A of the Employment Rights Act 1996 succeeds.[3]The Claimant is awarded a compensatory award for unfair dismissal (for the period 22 January 2021 to 4 May 2021) of £1545 calculated as: Case Number: 2301007/2021a. 15 weeks’ loss of earnings at £200 net per week; andb. 15 weeks’ pension loss calculated as 3% of £200 pw;c. Less a 50% ‘Polkey’ reduction to reflect the chance that the Claimant would not have remained in the Respondent’s employment until 4 May 2021.[4]The claim under section 38 of the Employment Act 2002 succeeds and the Claimant is awarded four weeks’ pay at £200 per week net, totalling £800.[5]The claim of unlawful direct discrimination because of the protected characteristic of sex contrary to section 13 of the Equality Act succeeds and the Claimant is awarded:a. Loss of bonus of £300 grossb. 12 additional hours pay for October 2020 amounting to £120 grossc. An award for injury to feelings of £5000.[6]The Claimant is awarded interest on the award for injury to feelings of £1129.70 and interest on 5a and 5b of £46.22.[7]The total award including interest is £8940.22.[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.[9]The total monetary award is £8940.22.[10]The amount of the prescribed element is £1500.[11]The prescribed period is 22 January 2021 to 4 May 2021.[12]The amount by which the monetary award exceeds the prescribed element is £7440.92. _