Mr L Rogerson v William Pye Ltd: 2400114/2019
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well-founded and succeeds.[2]The claimant's claim for wrongful dismissal is well-founded and succeeds.[3]The total sum payable in compensation to the claimant from the respondent by way of remedy is £19,587.27, as set out below.[4]The Recoupment Regulations apply to this award. REMEDY Basic Award £4,572.00[2]Compensatory Award Prescribed element(a) Loss of earnings 11.10.18 – 25.2.19 £600 x 15 = £9,000.00(b) Continuing loss of earnings from new job 25/2/19 – 27/6/19 (17 weeks) £600 - £386.24 = £213.76 x 17 weeks £3,633.92 Total prescribed element £12,633.92[3]Non prescribed element (other losses)(a) Award for continuing future loss of earnings to 30 August 2019 9 x £213.76 = £1,923.84(b) Loss of statutory rights £300.00(c) Pension Loss – 19 x £8.29 = £1,571.51 Total non-prescribed element £2,381.35 Grand total of compensation £19,587.27[4]Recoupment Prescribed element £12,633.91 Period of prescribed element from 11 October 2018 until 27 June 2019 Excess of grand total over prescribed element £6,953.36 (Compensatory award is reduced by 20% for contributory fault but uplifted by 20% for failure to follow ACAS Code of Practice, so these extinguish each other)