Mr I Evans v CH Hydraulics Ltd T/a Pirtek Ellesmereport: 2404342/2023
JUDGMENT
[1]The Tribunal has jurisdiction to consider the complaint and the complaint of constructive unfair dismissal is well founded.[2]The respondent is ordered to pay to the claimant the total sum of £18,731 compensation for unfair dismissal.[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award. The grand total of the award is £18,731. The prescribed element is £8828. The period of the prescribed element is 1 April 2023 to 28 September 2023. The excess of the grand total over the prescribed element is £9903. The annex to this judgment explains the operation of the Recoupment Regulations. Calculation of compensation Gross weekly pay with respondent , excluding bonus: £673 Net weekly pay with respondent including overtime but excluding bonus: £508 Bonus of £500 gross, net £400 per month (£92 per week) payable up to and including December 2023. Age at EDT: 36 Dates of employment with respondent: 1 April 2021 to 31 March 2023 New employment began 12 June 2023. Net weekly pay with new employer: £442 Minimum employer’s pension contributions paid by respondent and new employer c. £60 per month (£14 per week). Basic award 2 x £571 (max weekly pay as at EDT) = £1142 Compensatory award Loss 1 April 2023 to 11 June 2023 (10.5 weeks) Loss of pay: 10.5 x £508 = £5334 Bonus: 10.5 x £92 = £966 Employer’s pension contribs: 10.5 x £14 = £147 £6447 Loss 12 June 2023 to 28 September 2023 (16 weeks) Take pension as equivalent so no loss for employer’s pension contributions Difference in pay: 16 x (508 – 442) = £1056 Bonus: 16 x £92 = £1472 £2528 Future loss (2 years): Bonus October to December 2023 3 x £400 = £1200 Difference in pay: 104 x 66 = £6864 £8064 Loss of statutory rights £500 Job hunting expenses £50 Total compensatory award £17,589 Grand total Basic award £1142 Compensatory award £17,589 £18,731