Mrs S Quraishi v Properties Northwest Ltd: 2401806/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £6,092.35 (£553.85 x 11 weeks). This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay.[3]The respondent is required to pay the claimant £1,107.70 (£553.85 x 2 weeks) for failure to provide written reasons for the dismissal.[4]The complaint of unfair dismissal succeeds and the respondent is ordered to pay to the claimant the sum of £11,660.78 in compensation.[5]No uplift to compensation for failure to comply with an ACAS Code of Practice is awarded since the Employment Judge is not satisfied that there was an applicable Code of Practice.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award of compensation for unfair dismissal. The grand total of the award is £11,660.78. The prescribed element is £2456.78. The period of the prescribed element is 22 January 2022 to 28 February 2022. The excess of the grand total over the prescribed element is £9204. The annex to this judgment explains the operation of the 1996 Regulations.[7]The hearing listed for 30 August 2022 is cancelled. Note on Calculation of Award Compensation for unfair dismissal is calculated as follows: Basic award: £8704 (16 years x £544) Compensatory award: - loss of earnings from end of notice period (21.01.22) to 28.02.22: £2456.78 (5.5 weeks x £446.69) - loss of statutory rights: £500.00 Total compensatory award: £2956.78 Total compensation for unfair dismissal: £11,660.78