Mr D Gilbert v Department For Transport: 2305014/2024
JUDGMENT
[1]Following the decision that the respondent unfairly dismissed the claimant the claimant is awarded compensation of £78,339.38 to be paid by the respondent to the claimant.[2]This award consists of: Basic award: £13,824.50 Compensatory award: £64,514.88[3]The compensatory award is calculated as follows: loss of earnings £39,403.63 (9 months’ net pay - £30,704.13 & 3 months’ net pay reduced by 15% - £8,699.50) loss of pension £13,516.73 (9 months’ pension - £10,532.52 & 3 months’ pension reduced by 15% - £2,984.21) Loss of statutory rights £500 Subtotal £53,420.36 Uplift of 10% (breach of ACAS Code of Practice) £5,342.04 Subtotal £58,762.40 Grossing up of sums over £30,000 £5752.48 Total £64,514.88[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £78,339.38.b. The prescribed element is £39,403.63.c. The period of the prescribed element is from 10 January 2024 to 9 January 2025.d. The difference between (a) and (b) is £38,935.75. Approved by