Mr K Davis v MIUS Ltd: 2403632/2017
JUDGMENT
[1]The Claimant was wrongfully dismissed by the Respondent.[2]The Respondent is to pay damages for wrongful dismissal to the Claimant in the sum of £5,380.REASONS
[1]A full oral judgment on liability was given at the hearing. The parties then discussed the correct calculation of damages, and I agreed to provide brief written reasons confirming our calculations.[2]The Claimant’s contract provided for a 3 month notice period and there was no clause allowing the Respondent to make a payment in lieu of notice. The Claimant obtained a new job from 19 June 2017, covering the final two weeks of his notice period.[3]As the award is damages it should be made net. The parties had not made any net salary calculations and no payslips were available.[4]The Claimant said that his net monthly salary was £2,250, and the Respondent said that this figure was a bit high but they were prepared to 10.2 Judgment - rule 61 March 2017 Case No: 2403632/2017 accept it. The Claimant’s monthly gross pay in his old job was £3,333, and in his new job was £4416. The parties agreed that net salary in the new job should be calculated by making a proportionate calculated based on comparing the gross salaries in thee job with the Respondent and the new job.[5]The calculation of the damages award was made as follows:a. 4416 / 3333 = 1.32.b. 1.32 x 2250 = 2970, the net salary for the new job.c. This gave a figure of £685 per week in the new job, and £1,370 for 2 weeks.d. 3 month’s net notice pay = £6,750.e. £6,750 - £1,370 = £5,380.[6]The Respondent is therefore to pay to the Claimant the sum of £5,380, which is 3 months’ net notice pay less two weeks of earning from the Claimant’s new job during the notice period.