Miss S Grierson v M Nesarasa: 2415722/2020
JUDGMENT
After hearing the claimant's evidence, the judgment of the Tribunal is that: The claimant was unfairly dismissed.[2]In breach of contract, the claimant was not given notice or pay in lieu. The recoupment regulations apply.[4]The respondent is ordered to pay the claimant the sum of £3,591 subject to the recoupment regulations as set out below. Remedy calculation[1]The claimant was dismissed at the age of 55. She had worked for the respondent, having been transferred from a previous business, since August 2014.[2]On 12 May 2020 the claimant was signed from work unwell. She was dismissed on 13 June 2020. Her net and gross pay were the same, as they were too low to attract income tax or national insurance contributions. The claimant was fit to work from 13 July 2020.[4]The claimant obtained alternative, and better paid, employment 13 weeks later.[5]With a total of five years’ completed service the claimant was entitled to five weeks’ notice pay.[6]Having lost her right as an employee through the dismissal she is awarded compensation, and for a failure to complete any form of process other than to dismiss her on the spot, there is a 20% uplift on the compensatory award. Basic award £1,043.00 Compensatory award £1,112.00 Notice pay £695.00 Loss of rights £280.00 20% uplift £361.00 Grand total £3,591.00 5. The recoupment regulations apply. The grand total is £3,591.00. The prescribed element is £2,850. The period of the prescribed element is 13 June 2020 to 26 February 2021. The excess of A over B is £741.