Mr A Neary v Widnes MOT Centre Ltd (in creditors voluntary liquidation): 2402919/2024
JUDGMENT
[1]The claimant aged 58 at the effective date of termination, was unfairly dismissed, and the claimant’s claim of ordinary unfair dismissal brought under section 94 and 98, and of automatic unfair dismissal brought under section 103A of the Employment Rights Act 10996 are well-founded. The respondent is ordered to pay a basic award in the sum of £3028.83 gross (£288.46 gross x 10.5 weeks) and a compensatory in the sum of £7503.68 net consisting of a loss of earnings in the sum of £6203.68 net from 30 January 2024 to 31 March 2025 (14 months @ £1035.00 net per month less mitigation) plus £700.00 (£50 per month benefits in kind) and loss of statutory rights@£600.[2]The respondent is ordered to pay to the claimant injury to feelings in the sum of £30,000.00.[3]The behaviour of the respondent was high handed, malicious, insulting and oppressive, the high threshold for an award of aggravated damages is met, and the respondent is ordered to pay to the claimant aggravated damages in the sum of £5000.00.[4]The respondent is ordered to pay to the claimant interest in the sum of £2,800 on the injury to feelings (6.12.24 to 11.5.26@ 8%) and interest of £572.44 on the compensatory award loss of earnings (421 days@£1.36).[5]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, and it is just and equitable to increase the compensatory award payable to the claimant by 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The respondent is ordered to pay to the claimant an ACAS uplift in the sum of £4552.82 (£45,528.26@10%) Approved by: