Miss L Mitchell v Marie Theocharous T/a Hopscotch Day Nursery: 2302074/2016
JUDGMENT
The Judgment of the Employment Tribunal is as follows:[1]The correct name of the Respondent is Marie Theocharous trading as Hopscotch Day Nursery.[2]The Claimant was unfairly dismissed.[3]The Respondent shall pay to the Claimant an award of compensation in the sum of £3,411.76. Case Number: 2302074/2016 2[4]This is calculated as follows: Basic Award4.1 A Basic Award of 1680.00.4.2 This is based on the following information: gross weekly pay of £160; 8 complete years of service at the effective date of termination (‘EDT’) of 4th June 2016; Claimant aged 48 at the EDT (her Schedule of Loss indicated she was 49 at the EDT but this was incorrect, her DOB being 5th June 1967)); and so a calculation based on 10.5 x 160. Compensatory Award4.3 A Compensatory Award of £1731.76.4.4 This is comprised of: Accrued loss of earnings4.4.1 Accrued loss of earnings from the EDT to the date of this hearing which is 35 weeks x net weekly pay of £159.41 = £5,579.35.4.4.2 Less Employment & Support Allowance received from 7th June 2016 to the date of this hearing which is approximately 35 weeks x £134.95 per week = £4,723.25.4.4.3 Net accrued loss of earnings: £5,579.35 - £4,723.25 = £856.10 Loss of statutory rights4.4.4 Loss of statutory rights in the sum of £250. Future loss of earnings4.4.5 Future loss of earnings from the date of this hearing for a further 26 weeks x net weekly pay of £159.41 = £4,144.664.4.6 Less continued receipt of ESA at £134.95 per week for 9 weeks = £1214.55, increasing to £135.55 per week from 11th April 2017 for 17 weeks = £2,304.35, making a total of £3,518.90.4.4.7 Net future loss of earnings: £4,144.66 - £3,518.90 = £625.66. Case Number: 2302074/2016 3 Total Award4.5 £1680 + £856.10 + £250- + £625.66 = the total award of £3,411.76 Recoupment4.6 The provisions of the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply, the Claimant being in receipt of contributory ESA.