R Ashwell v Sonus Public Relations Ltd: 2404668/2024
JUDGMENT
[1]The complaint of whistleblowing detriment is well founded and succeeds.[2]The complaint of wrongful dismissal is well founded and succeeds.[3]The complaint of constructive unfair dismissal is well founded and succeeds.[4]The respondent is ordered to pay the claimant the sum of £71,051.82 calculated as follows:• £20,000 for injury to feelings for whistleblowing detriment.• £3,547.60 net for 3 weeks’ notice pay for wrongful dismissal.• The following sums for constructive unfair dismissal: o Basic Award: £2,100 gross (2 years x 1.5 x £700) o Compensatory Award: ▪ Loss of net earnings to remedy hearing: £114,458.04 (1.7.2024 – 3.6.2026) ▪ Loss of employer pension contributions to remedy hearing: £4,926.60 (7.6.2024 – 3.6.2026) ▪ Minus mitigation net earnings and pension contributions to remedy hearing: £101,010.21 (17.6.2024 – 3.6.2026) ▪ Future loss of earnings and pension contributions: £10,812.36 (52 weeks x (199.56 + 8.37)) ▪ ACAS uplift of 25% on balance: £7,296.70 ▪ Loss of statutory rights: £500• Injury to feelings award of £20,000 and £30,000 of the other awards are tax free; Gross up the balance of the other awards to reach a total for other awards of £51,051.82.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply as the claimant did not claim any benefits.