Miss T Birchall v Mr J Cherry (T/A Aintree Coachlines): 2404340/2016
JUDGMENT
[1]The claim for unfair dismissal succeeds.[2]The respondent is ordered to pay a monetary award of £355.40.[3]In addition, the respondent is ordered to reimburse the claimant in respect of any tribunal fees incurred by her in these proceedings.[4]The recoupment provisions do not apply.[5]The Tribunal calculated the monetary award as follows.[6]No basic award is payable because the claimant has already received an ex gratia payment equal to two weeks’ pay.[7]A compensatory award is payable, calculated as:7.1 £460.80 in respect of loss of earnings for the period between her dismissal and commencement of new employment on 1 August7.2 Plus £250.00 in respect of the loss of the claimant’s statutory rights.[8]Although these figures indicate a compensatory award totalling £710.80, the Tribunal’s award must be reduced by 50% to reflect the claimant’s contributory fault. The compensatory award is therefore £355.40.