Ms S Kapur v Kumsal Ltd: 2302828/2018
JUDGMENT
[1]The Judgment of the Tribunal is that the Claimant was unfairly constructively dismissed. The issue of remedy is adjourned to be heard on 5th June 2019. The Claimant shall provide the Respondent with a copy of all evidence in her possession or control relating to remedy and an updated schedule of loss not later than 6th February 2019. The bundle and Schedule should be further updated and sent to the Respondent on two weeks before the remedy hearing. JUDGMENT[2]Following the Judgment of the Tribunal on 22nd January 2019 that the Claimant was unfairly constructively dismissed, the Judgment of the Tribunal as to remedy is that the Respondent should pay to the Claimant £5,634, calculated as follows: £ Basic Award 420 Compensatory Award(a) Loss from 12th May -222nd July 2018 10x 265.8 = 2,658.4 ADD(b) Loss from 23rd July – 5th October 2018 265.84 x11=2924.24 Less 778.29 2,145.95 DEDUCT(c) additional earnings from 8th October 2018 – 18th January 2019 (1,083.92) Case No. 2302828/2018 ADD(d) Loss from 18-29th January 2019 (1.5 x 265.84) 398.76 ADD(e) Loss from 30th January -27th February 2019 (1329.2-1163.63) 165.57 ADD(f) Loss of statutory rights 350 ADD (e) expenses 20 Total Compensatory Award 4,654 ADD Increase under section 38 of the Employment Act 2002, of two weeks’ pay, 560 Total award 5,634 Recoupment The Recoupment Regulations 1996 apply to this award. The total monetary award is £5,634. The prescribed element is £4,654. The period to which the prescribed element relates is 12th May 2018 – 5th June 2019. The amount by which the total monetary award exceeds the prescribed element is £980.