E Churchill v BSP (Knockholt) Ltd: 2308135/2020
JUDGMENT
[1]Subject to (2) and (3) the Respondent should pay to the Claimant the total sum of £5919 comprising a basic award of £728.00 and a Compensatory Award of £5191.[2]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award.(a) the total award is £5,919(b) the “Prescribed Element” is £3,686.77(c) the “Prescribed Period” is 07/11/2020 to 17/11/2021(d) the amount by which the monetary award exceeds the Prescribed Element is £2,322.23[3]Payment of the prescribed element in the sum of £3,686.77 shall be stayed until the Secretary of State has served on the Respondent a recoupment notice in respect of Income Support received by the Claimant or has notified the Respondent that it does not intend to serve such notice.REASONS
[1]By a claim form presented on 8 December 2020 the Claimant made claims relating to her dismissal from employment with the Respondent on 6 November 2020. The Respondent did not file a response and has not participated in these proceedings. EJ Abbott decided that the Claimant had been unfairly dismissed and a remedy hearing was listed for 6 October 2021.[2]At the remedy hearing on 6 October 2021 the Claimant said that she had received benefits after she was dismissed but she did not have any documents with her to show this nor what pay she had received from the Respondent.[3]The Claimant sent in details of her income after the hearing as requested.[4]The Claimant did not have normal working hours. Section 224 of the Employment Rights Acts 1996 says that a week’s pay is calculated by working out the average weekly pay in the 12 weeks before she was dismissed. In the Claimant’s case this was £104 net average pay per week.