Miss L Stocks v Biad Civils Ltd (In Voluntary Creditors Liquidation): 2408586/2022
EMPLOYMENT TRIBUNALS
Case No 2408586/2022
Between
Miss L StocksClaimantBiad Civils Ltd (In Voluntary Creditors Liquidation)Respondent
Before
Employment Judge Mark ButlerSelf representing for claimantNon-attendance for respondentDate 19 September 2024
JUDGMENT
[1]The claims of sex discrimination and disability discrimination are dismissed on withdrawal by the claimant. Those being withdrawn by the claimant at this hearing.[2]The claim of unfair dismissal succeeds. Remedy for this claim was addressed at this hearing and is detailed below. REMEDY[3]The claimant is awarded the sum of £724.50 as a basic award. This is calculated using the following:a. The claimant’s gross annual pay was £12,558, with gross weekly pay of £241.50.b. The claimant completed 2 full years of employment by the effective date of termination.c. The claimant was over the age of 41 for the entirety of her employment, and therefore attracted a multiplicand of 1.5.d. The calculation was £241.5 x 2 x 1.5.[4]The respondent is ordered to pay the claimant the sum of £724.50 as a basic award for unfair dismissal.[5]The claimant is awarded a net figure of £12,558 for past losses. This was calculated on the following basis:a. The claimant was paid a net annual figure of £12,198.72. The claimant was paid a gross annual figure of £12,558.b. The maximum compensation that can be awarded to the claimant as a compensatory award is 12 months gross pay (see s.124(1ZA) of the Employment Rights Act 1996). The claimant was dismissed on 19 June 2022, which was 823 days before this hearing.c. The claimant is awarded compensation for this period, subject to the maximum figure available that can be awarded to her, that being 12 months gross pay.[6]The respondent is ordered to pay the claimant the net sum of £12,558 (subject to the Recoupment Regulations as detailed below) as a compensatory award for unfair dismissal.[7]Recoupment applies in this case, and in this regard, the parties are referred to the annex to this document.[8]For the purpose of the Recoupment Regulations therefore:a. The monetary award is £12,558.b. The prescribed element is £12,558.c. The period to which the prescribed element relates is 19 June 2022 until 18 June 2023.d. The amount by which the monetary award exceeds the prescribed element is £0.