Ms N Rae v Compsych Ltd: 2402175/2020
JUDGMENT
[1]The Tribunal does not have jurisdiction to hear the Claimant’s claims for disability discrimination in respect of failure to make reasonable adjustments and harassment being out of time and are dismissed.[2]The Claimant’s claim for automatic unfair dismissal under section 103A of the Employment Rights Act (Protected Disclosure) is well founded and succeeds.[3]The Claimant’s claim that she was subjected to a detriment on the ground of having made a protected disclosure under section 47B of the Employment Rights Act is well founded and succeeds.[4]The Respondent shall pay the claimant compensation in the amount of £25,323.17 made up as follows:[5]BACKGROUND INFORMATION Date of birth: 24/03/1973 Date commenced employment 21/01/2019 Effective Date of Termination (EDT): 31/10/2019 Number of years of continuous employment: 0 years Gross annual income (basic salary): £42,000 Gross monthly pay: £3,500 Net monthly pay: £2,674.65 Gross weekly pay: £807.69 Net weekly pay: £617.23 Previous earned approx. £1500 per month from self-employment Earnings from self-employment since termination Earning £3,000 per month Nov 2019 - March 2020 an increase of £1500 per month Earnings from self-employment from March 2020 – December 2020 £3,571 (less £1500 already would have earned) = £2,071 additional income from selfemployment going forward[6]BASIC AWARD The Claimant does not have sufficient service to qualify for the basic award. £0.00[7]COMPENSATORY AWARD Loss to date of Hearing (03/12/2020) 57 weeks x £617.23: £35,182.11 Less: Self- Employment Grant (2 June 2020) £2,127.00 Self-Employment Grant (17 August 2020) £1,861.00 Less earnings from additional self-employed work Nov 19 – March 20 @ £1500 x 5 months £7,500 earnings from additional self-employed work April 20 – Nov 20 @ £2071 x 7 months £14,497 Total reduction £25,985 Total compensatory award: £9,197.11[8]Future Loss Future loss of earnings from and continuing (uncapped period due to Automatically Unfair Dismissal for making a protected disclosure): 87 weeks x £139.30 (difference between previous monthly earnings £2,674.66 + £1500 = £4174.66 = £963.38 weekly and new monthly earnings £3571 = £ 824 weekly loss of income = 963.38 – 824.01 = £139.38 Total future loss £12.126.06 Compensation for Detriment/Injury to feelings £4,000[9]Total £25,323.17